Index of instruments


The Index of instruments lists all disallowable instruments about which the committee has raised a concern.

Please refer to the relevant ministerial correspondence for the committee's full comments on an individual matter, and the Delegated Legislation Monitor for a summary of the committee's actions regarding the instrument.

Where an instrument does not include ministerial correspondence, the committee is engaging with the relevant agency via its secretariat to seek further information about potential scrutiny concerns.

Additionally, for non-monitor related correspondence, please see the table at the end of this page.

Instrument name Scrutiny principle Correspondence Monitor Status
Charter of the United Nations Lists [F2021L00626] [F2021L00627] [F2021L00628] [F2021L00631] [F2021L00632] [F2021L00633] [F2021L00634] [F2021L00635] [F2021L00636] [F2021L00637] [F2021L00638] [F2021L00639] [F2021L00640] [F2021L00641] [F2021L00642] [F2021L00643] [F2021L00644] [F2021L00645] [F2021L00647] [F2021L00648] [F2021L00649]

Principle (a) compliance with Legislation Act 2003 - registration of instruments

Principle (g) adequacy of explanatory materials

Committee's initial correspondence

Minister's response

Committee's further correspondence

12/21, p. 30 (initial entry)Ongoing
Vehicle Standard (Australian Design Rule 61/03 – Vehicle Marking) 2020 [F2020L01254]Principle (f) access and usen/a1/21, p. 16 (initial and concluded entry)Concluded
ASIC Credit (Notice Requirements for Unlicensed Carried Over Instrument Lenders) Instrument 2020/834 [F2020L01259]

Principle (j) modification to the operation of primary legislation

Principle (j) significant penalties

Principle (k) parliamentary oversight

Principle (c) conferral of discretionary powers

Consolidated correspondence

1/21, p. 10 (initial entry)

5/21, p. 21 (concluded entry)

Concluded
ASIC Credit (Electronic Precontractual Disclosure) Instrument 2020/835 [F2020L01261]Principle (j) exemption from primary legislationConsolidated correspondence

1/21, p. 10 (initial entry)

5/21, p. 21 (concluded entry)

Concluded
Cape Byron Lighthouse Heritage Management Plan 2020 [F2020L01271]Principle (f) instrument subject to copyrightn/a1/21, p. 14 (initial and concluded entry)Concluded
Radiocommunications (Police Forces – Disruption of Unmanned Aircraft) Exemption Determination 2020 [F2020L01296]

Principle (a) compliance with authorising legislation

Principle (j) matters more appropriate for parliamentary enactment

Consolidated correspondence

1/21, p. 10 (initial entry)

4/21, p. 20 (concluded entry)

Concluded
Legislation (Deferral of Sunsetting—Telecommunications Universal Service Obligation (Standard Telephone Service—Requirements and Circumstances) Determination) Certificate 2020 [F2020L01301]

Principle (a) compliance with Legislation Act 2003

Principle (g) adequacy of explanatory materials

Principle (d) consultation with persons affected

Consolidated correspondence

1/21, p. 10 (initial entry)

3/21, p. 19 (concluded entry)

Concluded
Narcotic Drugs (Licence Charges) Amendment (Cannabis-Related Manufacture Licences) Regulations 2020 [F2020L01327]Principle (j) levying of taxation in delegated legislationConsolidated correspondence2/21, pp. 19, 25 (initial and concluded entry)Concluded
Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020 [F2020L01334]

Principle (i) availability of independent merits review

Principle (j) modification of primary legislation

Principle (k) parliamentary oversight

Consolidated correspondence

2/21, p. 19 (initial entry)

7/21, p. 16 (concluded entry)

Concluded
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2020 (No. 3) [F2020L01337]Principle (j) levying of taxation in delegated legislationConsolidated correspondence2/21, pp. 20, 25 (initial and concluded entry)Concluded
Macquarie Lightstation Heritage Management Plan 2020 [F2020L01339]Principle (f) instrument subject to copyrightn/a2/21, pp. 20, 26 (initial and concluded entry)Concluded
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Amendment (Brexit Transition Period) Order 2020 [F2020L01340]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated material freely accessible

n/a2/21, pp. 20, 26 (initial and concluded entry)Concluded
Family Law Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01361]

Principle (a) compliance with authorising legislation – compliance with legislative requirements

Principle (h) retrospective effect

Consolidated correspondence

2/21, p. 19 (initial entry)

7/21, p. 16 (concluded entry)

Concluded
Federal Circuit Court Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01362]Principle (a) compliance with authorising legislation – compliance with legislative requirements
Principle (h) retrospective effect
Consolidated correspondence2/21, p. 19 (initial entry)
7/21, p. 16 (concluded entry)
Concluded
Industry Research and Development (Supporting Agricultural Shows and Field Days Program) Instrument 2020 [F2020L01401]Principle (k) parliamentary oversightConsolidated correspondence2/21, p. 19 (initial entry)
4/21, p. 20 (concluded entry)
Concluded
Part 138 (Aerial Work Operations) Manual of Standards 2020 [F2020L01402]Principle (e) draftingConsolidated correspondence2/21, p. 20 (initial entry)
6/21, p. 17 (concluded entry)
Concluded
Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 [F2020L01406]Principle (a) compliance with authorising legislation
Principle (j) modification of primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence2/21, p. 20 (initial entry)
7/21, p. 17 (concluded entry)
Concluded
Payment Times Reporting Rules 2020 [F2020L01472]Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) access and use
n/a3/21, pp. 13, 21 (initial and concluded entry)Concluded
Taxation Administration (Remedial Power – Seasonal Labour Mobility Program) Determination 2020 [F2020L01474]Principle (j) modification of primary legislationConsolidated correspondence3/21, p. 11 (initial entry)
7/21, p. 17 (concluded entry)
Concluded
Amendment of List of Exempt Native Specimens – Commission for the Conservation of Antarctic Marine Living Resources Exploratory Fisheries in Statistical Divisions 58.4.1 and 58.4.2 (the East Antarctica Fishery) and Statistical Subareas 88.1 and 88.2 (the Ross Sea Fishery), November 2020 [F2020L01484]Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) access and use
n/a3/21, pp. 12, 20 (initial and concluded entry)Concluded
Treasury Laws Amendment (Miscellaneous Amendments) Instrument 2020 [F2020L01485]Principle (a) compliance with Legislation Act 2003 - consultation

Principle (d) adequacy of consultation

Principle (g) adequacy of explanatory materials

Principle (a) compliance with the Legislation Act 2003
n/a3/21, pp. 13, 21 (initial and concluded entry)Concluded
Migration Amendment (Biosecurity Contraventions) Regulations 2020 [F2020L01488]Principle (d) consultation with persons affectedn/a3/21, pp. 12, 20 (initial and concluded entry)Concluded
A New Tax System (Australian Business Number) Regulations 2020 [F2020L01498]Principle (a) compliance with Legislation Act 2003 – incorporationn/a3/21, pp. 12, 20 (initial and concluded entry)Concluded
Social Security (Qualifying Agricultural Work) Determination 2020 [F2020L01500]Principle (d) consultation with persons affectedn/a3/21, pp. 13, 21 (initial and concluded entry)Concluded
Law Enforcement Integrity Commissioner Amendment (Law Enforcement Agencies) Regulations 2020 [F2020L01506]Principle (j) matters more appropriate for parliamentary enactmentConsolidated correspondence3/21, p. 11 (initial entry)
8/21, p. 21 (concluded entry)
Concluded
Part 91 (General Operating and Flight Rules) Manual of Standards 2020 [F2020L01514]Principle (e) clarity of draftingn/a3/21, pp. 13, 20 (initial and concluded entry)Concluded
Other Grants Guidelines (Education) Amendment (Women in STEM) 2020 [F2020L01515]Principle (d) consultation on specific instrumentn/a3/21, pp. 12, 20 (initial and concluded entry)Concluded
Primary Industries (Customs) Charges Amendment (Dairy Cattle) Regulations 2020 [F2020L01530]Principle (j) levying of taxation in delegated legislationConsolidated correspondence3/21, pp. 11, 19 (initial and concluded entry)Concluded
Norfolk Island Employment Rules 2020 [F2020L01536]Principle (i) availability of merits review
Principle (h) privacy
Consolidated correspondence3/21, p. 12 (initial entry)
7/21, p. 17 (concluded entry)
Concluded
Primary Industries (Customs) Charges Amendment (Farmed Prawns and Macadamias) Regulations 2020 [F2020L01539]Principle (j) levying of taxation in delegated legislationConsolidated correspondence3/21, pp. 11, 19 (initial and concluded entry)Concluded
Primary Industries (Excise) Levies Amendment (Dried Fruits, Farmed Prawns, Forest Growers and Macadamias) Regulations 2020 [F2020L01540]Principle (j) levying of taxation in delegated legislationConsolidated correspondence3/21, pp. 11, 19 (initial and concluded entry)Concluded
Fishing Levy Amendment (2020-2021 Levy Amounts) Regulations 2020 [F2020L01542]Principle (j) levying of taxation in delegated legislationConsolidated correspondence3/21, pp. 11, 19 (initial and concluded entry)Concluded
Montague Island Lighthouse Heritage Management Plan 2020 [F2020L01547]Principle (f) instrument subject to copyrightn/a4/21, p. 13 (initial entry)
5/21, p. 22 (concluded entry)
Concluded
Industry Research and Development (Digital Directors Program) Instrument 2020 [F2020L01554]Principle (k) parliamentary oversightn/a5/21, p. 17 (initial entry)
6/21, p. 18 (concluded entry)
Concluded
Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 [F2020L01568]Principle (j) matters more appropriate for parliamentary enactment
Principle (j) modification of primary legislation
Principle (j) exemption from primary legislation
Principle (k) parliamentary oversight
Principle (a) incorporation
Consolidated correspondence5/21, p. 16 (initial entry)
7/21, p. 16 (concluded entry)
Concluded
Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 [F2020L01569]

Principle (e) clarity of drafting

Principle (j) matters more appropriate for parliamentary enactment

Consolidated correspondence

5/21, p. 15 (initial entry)

12/21, pp. 15, 33 (concluded entry)

Concluded
ASIC Corporations (Amendment) Instrument 2020/1064 [F2020L01571]Principle (j) matters more appropriate for parliamentary enactment
Principle (k) parliamentary oversight
Principle (i) availability of independent merits review
Consolidated correspondence5/21, p. 15 (initial entry)
7/21, p. 15 (concluded entry)
Concluded
ASIC Corporations (Amendment) Instrument 2020/1065 [F2020L01572]Principle (j) matters more appropriate for parliamentary enactment
Principle (k) parliamentary oversight
Principle (i) availability of independent merits review
Consolidated correspondence5/21, p. 15 (initial entry)
7/21, p. 15 (concluded entry)
Concluded
Amendment to the list of threatened species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (234) [F2020L01580]Principle (a) compliance with authorising legislation – compliance with legislative preconditionsn/a5/21, pp. 16, 22 (initial and concluded entry)Concluded
Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 6) Regulations 2020 [F2020L01589]Principle (c) broad discretionary power
Principle (k) parliamentary oversight
n/a5/21, p. 17 (initial entry)
6/21, p. 18 (concluded entry)
Concluded
Work Health and Safety Amendment (Hazardous Chemicals) Regulations 2020 [F2020L01593]Principle (a) compliance with Legislation Act 2003 - incorporation
Principle (f) access and use
n/a5/21, p. 17 (initial entry)
7/21, p. 20 (concluded entry)
Concluded
ASIC Corporations (Design and Distribution Obligations—Exchange Traded Products) Instrument 2020/1090 [F2020L01600]Principle (j) modification of primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence5/21, p. 15 (initial entry)
7/21, p. 15 (concluded entry)
Concluded
Competition and Consumer Amendment (AER Functions) Regulations 2020 [F2020L01606]Principle (c) conferral of discretionary powersConsolidated correspondence6/21, p. 9 (initial entry)
7/21, p. 16 (concluded entry)
Concluded
Commonwealth Grant Scheme Guidelines 2020 [F2020L01609]Principle (j) matters more appropriate for parliamentary enactment
Principle (a) compliance with Legislation Act 2003 - incorporation
Consolidated correspondence5/21, p. 16 (initial entry)
7/21, p. 15 (concluded entry)
Concluded
Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020 [F2020L01614]Principle (a) compliance with Legislation Act 2003 - incorporationn/a5/21, p. 17 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Industry Research and Development (Ferretti International Whyalla Steel Processing and Galvanising Plant Program) Instrument 2020 [F2020L01618]Principle (d) consultation with persons affectedn/a5/21, p. 17 (initial entry)
6/21, p. 18 (concluded entry)
Concluded
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2020 [F2020L01619]Principle (j) levying of taxation in delegated legislationConsolidated correspondence5/21, p. 16 (initial and concluded entry)Concluded
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations (No. 2) 2020 [F2020L01620]Principle (e) clarity of draftingn/a5/21, pp. 17, 22 (initial and concluded entry)Concluded
Regional Investment Corporation (Agristarter Loans) Amendment Rule 2020 [F2020L01625]Principle (d) adequacy of consultationn/a5/21, p. 17 (initial entry)
6/21, p. 19 (concluded entry)
Concluded
Biosecurity Amendment (Infringement Notices) Regulations 2020 [F2020L01630]Principle (a) compliance with the Legislation Act 2003 – consultationn/a5/21, p. 17 (initial entry)
6/21, p. 18 (concluded entry)
Concluded
Migration Amendment (Temporary Graduate Visas) Regulations 2020 [F2020L01639]Principle (d) adequacy of consultationn/a5/21, p. 17 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Therapeutic Goods (Medical Devices) Amendment (Vaporisers for Smoking Cessation) Regulations 2020 [F2020L01645]Principle (c) conferral of discretionary powers
Principle (h) privacy
Principle (d) consultation on specific instrument
n/a5/21, p. 17 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 [F2020L01648]Principle (j) levying of taxation in delegated legislationConsolidated correspondence5/21, p. 16 (initial and concluded entry)Concluded
Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020 [F2020L01654]Principle (j) exemptions from and modification to primary legislation
Principle (k) parliamentary oversight
Principle (e) clarity of drafting
Consolidated correspondence5/21 (initial entry)
7/21, p. 16 (concluded entry)
Concluded
Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No. 1) [F2020L01655]Principe (f) access and usen/a5/21, p. 17 (initial entry)
6/21, p. 19 (concluded entry)
Concluded
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2020 [F2020L01672]Principle (j) levying of taxation in delegated legislationConsolidated correspondence6/21, p. 10 (initial and concluded entry)Concluded
Sport Integrity Australia Amendment (World Anti-Doping Code Review) Regulations 2020 [F2020L01679]Principle (a) compliance with the Legislation Act 2003 - consultation
Principle (a) compliance with the Legislation Act 2003 - incorporation
Principle (h) privacy
n/a6/21, p. 12 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Corporations (Stay on Enforcing Certain Rights) Amendment (Corporate Insolvency Reforms) Declaration 2020 [F2020L01682]Principle (d) consultation on specific instrument
Principle (j) exemptions from the operation of primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence6/21, p. 9 (initial entry)
7/21, p. 16 (concluded entry)
Concluded
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 3) 2020 [F2020L01688]Principle (a) compliance with Legislation Act 2003 - incorporation
Principle (c) conferral of discretionary powers
Principle (e) clarity of drafting
Principle (i) availability of independent merits review
Principle (j) significant penalties in delegated legislation
Consolidated correspondence6/21, p. 9 (initial entry)
8/21, p. 21 (concluded entry)
Concluded
Social Security (Pension Bonus Scheme – Non-accruing Members) Amendment Declaration 2020 [F2020L01719]Principle (d) adequacy of consultationn/a6/21, pp. 12, 19 (initial  and concluded entry)Concluded
National Health (Data-matching) Principles 2020 [F2021L00006]Principle (c) scope of administrative powers
Principle (e) clarity of drafting
Principle (i) availability of independent merits review
Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's final correspondence

6/21, p. 12 (initial entry)
8/21, p. 21 (concluded entry)
Concluded
Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 2020 [F2021L00039]Principle (j) levying of taxation in delegated legislationConsolidated correspondence6/21, p. 10 (initial and concluded entry)Concluded
Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 1) 2021 [F2021L00041]Principle (a) compliance with Legislation Act 2003 - incorporation
Principle (f) access and use
n/a6/21, pp. 11, 18 (initial  and concluded entry)Concluded
Child Care Subsidy Amendment (Coronavirus Response Measures No. 1) Minister's Rules 2021 [F2021L00055]Principle (e) clarity of draftingn/a6/21, p. 11 (initial entry)
7/21, p. 18 (concluded entry)
Concluded
Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 11 [F2021L00063]Principle (a) compliance with Legislation Act 2003 - consultationn/a6/21, p. 12 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Civil Aviation Order 95.55 (Exemption from provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2021 [F2021L00073]Principle (a) compliance with Legislation Act 2003 - incorporation
Principle (d) adequacy of consultation
Principle (i) availability of independent merits review
n/a6/21, p. 11 (initial entry)
7/21, p. 18 (concluded entry)
Concluded
Radiocommunications (Receiver Licence Tax) Amendment Determination 2021 (No. 1) [F2021L00086]Principle (j) levying of taxation in delegated legislationConsolidated correspondence6/21, p. 10 (initial and concluded entry)Concluded
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No.1) [F2021L00088]Principle (j) levying of taxation in delegated legislationConsolidated correspondence6/21, p. 10 (initial and concluded entry)Concluded
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Amendment Instrument 2021 [F2021L00091]Principle (h) detrimental effectn/a6/21, p. 11 (initial entry)
7/21, p. 18 (concluded entry)
Concluded
Industry Research and Development (Hotel Energy Uplift Program) Instrument 2021 [F2021L00095]Principle (k) parliamentary oversightn/a6/21, p. 12 (initial entry)
7/21, p. 19 (concluded entry)
Concluded
Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021 [F2021L00105]Principle (j) exemption from the operation of primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence6/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Agricultural and Veterinary Chemicals Code (MRL Standard) Amendment Instrument (No. 2) 2021 [F2021L00124]Principle (a) compliance with the Legislation Act 2003 - incorporation of documents
Principle (k) other technical scrutiny grounds – exemption from sunsetting
n/a6/21, p. 11 (initial entry)
7/21, p. 18 (concluded entry)
Concluded
Takeovers Panel Procedural Rules 2020 [F2021L00131]Principle (c) scope of administrative powers
Principle (c) scope of administrative power - insufficiently defined power
Principle (e) clarity of drafting
Principle (g) adequacy of explanatory materials
Principle (h) freedom of expression
Principle (h) personal rights and liberties – legal professional privilege
Principle (h) personal rights and liberties – procedural fairness
Principle (h) privacy
Principle (h) procedural fairness
Consolidated correspondence6/21, p. 10 (initial entry)
7/21, p. 17 (concluded entry)
Concluded
CASA EX16/21 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC Holders Exemption 2021 [F2021L00149]Principle (d) adequacy of consultation
Principle (h) privacy: collection, use and disclosure of personal information
n/a6/21, p. 11 (initial entry)
7/21, p. 18 (concluded entry)
Concluded
Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 2) 2021 [F2021L00178]Principle (a) compliance with the Legislation Act 2003 – incorporationn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
ASIC Market Integrity Rules (Securities Markets) Determination 2021/135 [F2021L00193]Principle (d) consultation on specific instrumentn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2021/136 [F2021L00194]Principle (d) consultation on specific instrumentn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021 [F2021L00200]Principle (a) compliance with authorising legislation
Principle (c) conferral of discretionary powers
Principle (h) reverse evidential burden of proof
Principle (j) matters more appropriate for parliamentary enactment
n/a7/21, p. 10 (initial entry)
9/21, p. 13 (concluded entry)
Concluded
Student Assistance Regulations 2021 [F2021L00201]Principle (e) clarity of drafting
Principle (k) parliamentary oversight
Principle (k) legal certainty

Committee's initial correspondence

Minister's response

Committee's final correspondence

7/21, p. 11 (initial entry)

10/21, p. 21 (concluded entry)

Concluded
Income Tax Assessment (1997 Act) Regulations 2021 [F2021L00206]

Principle (a) compliance with Legislation Act 2003 - incorporation

Principle (g) adequacy of explanatory materials

Principle (h) privacy

Principle (j) significant penalties in delegated legislation

n/a

7/21, p. 11 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Education) Rules 2021 [F2021L00212]Principle (d) consultation on specific instrumentn/a7/21, p. 10 (initial entry)
9/21, p. 13 (concluded entry)
Concluded
Aged Care Legislation Amendment (Serious Incident Response Scheme) Instrument 2021 [F2021L00222]

Principle (j) significant matters in delegated legislation

Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's further correspondence

Minister's further response

Committee's further correspondence

7/21, p. 9 (initial entry)Ongoing
Australia’s Foreign Relations (State and Territory Arrangements) Amendment (Prospective Arrangements and Other Measures) Rules 2021 [F2021L00229]Principle (d) consultation on specific instrumentn/a7/21, p. 10 (initial entry)
9/21, p. 13 (concluded entry)
Concluded
Radiocommunications (Spectrum Access Charges – 20 GHz and 30 GHz Bands) Determination 2021 [F2021L00230]Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's final correspondence

7/21, p. 11 (initial entry)

10/21, p. 21 (concluded entry)

Concluded
National Health (Paraplegic and Quadriplegic Program) Special Arrangement 2021 (PB 31 of 2021) [F2021L00235]Principle (i) availability of independent merits reviewn/a7/21, p. 11 (initial entry)
8/21, p. 23 (concluded entry)
Concluded
Export Control (Tariff Rate Quotas) Amendment (Brexit) Order 2021 [F2021L00243]Principle (a) compliance with Legislation Act 2003 – incorporationn/a7/21, p. 10 (initial entry)
9/21, p. 14 (concluded entry)
Concluded
Fisheries Management (Northern Prawn Fishery Seasonal Closures) Direction 2021 [F2021L00250]Principle (e) clarity of draftingn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Fisheries Management (Northern Prawn Fishery Gear Requirements) Direction 2021 [F2021L00251]Principle (e) clarity of draftingn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021 [F2021L00253]Principle (e) clarity of draftingn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Fisheries Management (Northern Prawn Fishery Permanent Closures) Direction 2021 [F2021L00254]Principle (e) clarity of draftingn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Bankruptcy Regulations 2021 [F2021L00261]

Principle (j) modifications to primary legislation

Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's further correspondence

Minister's further response

Committee's further correspondence

Minister's further response

Committee's final correspondence


7/21, p. 9 (initial entry)

13/21, p. 17 (concluded entry)

Concluded
Migration Legislation Amendment (English Tuition) Regulations 2021 [F2021L00262]Principle (d) adequacy of consultationn/a7/21, p. 11 (initial entry)
8/21, p. 23 (concluded entry)
Concluded
Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Regulations 2021 [F2021L00263]Principle (e) clarity of draftingn/a7/21, p. 10 (initial entry)
8/21, p. 22 (concluded entry)
Concluded
Legislation (Telecommunications Customer Service Guarantee Instruments) Sunset-altering Declaration 2021 [F2021L00277]

Principle (d) adequacy of consultation

Principle (k) parliamentary oversight - sunsetting

Committee's initial correspondence

Minister's response

Committee's further correspondence


8/21, p. 15 (initial entry)Ongoing
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 1) Regulations 2021 [F2021L00290]

Principle (j) matters more appropriate for parliamentary enactment

Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's further correspondence

8/21, p. 17 (initial entry)Ongoing
Registered Native Title Bodies Corporate Legislation Amendment Regulations 2021 [F2021L00292]Principle (h) privacy

Committee's initial correspondence

Minister's response

Committee's final correspondence

8/21, p. 15 (initial entry)

10/21, p. 21 (concluded entry)

Concluded
Export Control (Milk and Milk Products) Rules 2021 [F2021L00304]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 16 (initial entry)

10/21, p. 22 (concluded entry)

Concluded
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 10) 2021 [F2021L00305]Principle (a) compliance with Legislation Act 2003 – consultationn/a8/21, p. 16 (initial entry)
9/21, p. 14 (concluded entry)
Concluded
Export Control (Rabbit and Ratite Meat and Rabbit and Ratite Meat Products) Rules 2021 [F2021L00308]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 17 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Export Control (Poultry Meat and Poultry Meat Products) Rules 2021 [F2021L00310]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 17 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Export Control (Eggs and Egg Products) Rules 2021 [F2021L00312]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 16 (initial entry)

10/21, p. 22 (concluded entry)

Concluded
Export Control (Wild Game Meat and Wild Game Meat Products) Rules 2021 [F2021L00313]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 17 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Export Control (Plants and Plant Products) Rules 2021 [F2021L00315]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 16 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Export Control (Fish and Fish Products) Rules 2021 [F2021L00317]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 16 (initial entry)

10/21, p. 22 (concluded entry)

Concluded
Export Control (Wood and Woodchips) Rules 2021 [F2021L00318]

Principle (c) conferral of discretionary powers

Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's final correspondence

8/21, p. 15 (initial entry)

11/21, p. 21 (concluded entry)

Concluded
ASIC Corporations (Parent Entity Financial Statements) Instrument 2021/195 [F2021L00329]Principle (a) compliance with legislative requirements
Principle (g) adequacy of explanatory materials
n/a8/21, p. 16 (initial entry)
9/21, p. 13 (concluded entry)
Concluded
Export Control (Meat and Meat Products) Rules 2021 [F2021L00334]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

8/21, p. 16 (initial entry)

10/21, p. 22 (concluded entry)

Concluded
Aged Care Legislation Amendment (Aged Care Recipient Classification) Principles 2021 [F2021L00357]Principle (c) delegation of administrative powers and functionsn/a

8/21, p. 16 (initial entry)

11/21, p. 22 (concluded entry)

Concluded
Road Vehicle Standards Amendment (2021 Measures No. 1) Rules 2021 [F2021L00376]Principle (i) availability of independent merits reviewn/a

9/21, p. 8 (initial entry)

10/21, p. 24 (concluded entry)

Concluded
Paid Parental Leave Rules 2021 [F2021L00384]

Principle (e) clarity of drafting

Principle (g) adequacy of explanatory materials

Principle (h) privacy

Principle (j) modifications to primary legislation

Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's final correspondence

9/21, p. 7 (initial entry)

12/21, p. 33 (concluded entry)

Concluded
High Court of Australia (Building and Precincts—Regulating the Conduct of Persons) Directions 2021 [F2021L00391]Principle (c) conferral of discretionary powers
Principle (e) clarity of drafting
Principle (g) adequacy of explanatory materials

Committee's initial correspondence

Response

Committee's further correspondence

9/21, p. 7 (initial entry)Ongoing
National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2021 (No. 3) (PB 22 of 2021) [F2021L00396]Principle (f) access and usen/a

9/21, p. 8 (initial entry)

10/21, p. 23 (concluded entry)

Concluded
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 2) Regulations 2021 [F2021L00409]Principle (k) parliamentary oversight

Committee's initial correspondence

Minister's response

Committee's further correspondence

Minister's further response

Committee's final correspondence

9/21, p. 7 (initial entry)

11/21, p. 21 (concluded entry)

Concluded
Taxation Administration Amendment (Updating the List of Exchange of Information Countries) Regulations 2021 [F2021L00410]Principle (h) privacyn/a

9/21, p. 8 (initial entry)

10/21, p. 24 (concluded entry)

Concluded
Treasury Laws Amendment (Reuniting More Superannuation) Regulations 2021 [F2021L00412]

Principle (c) conferral of discretionary powers

Principle (g) adequacy of explanatory materials

n/a

9/21, p. 8 (initial entry)

10/21, p. 24 (concluded entry)

Concluded
CASA 22/21 — Operation of Certain Unmanned Aircraft Directions Amendment Instrument 2021 [F2021L00414]Principle (d) consultation on specific instrumentn/a

9/21, p. 8 (initial entry)

10/21, p. 22 (concluded entry)

Concluded
Banking Executive Accountability Regime (Size of an Authorised Deposit-taking Institution) Determination 2021 [F2021L00425]Principle (a) compliance with the Legislation Act 2003 - incorporationn/a

9/21, p. 8 (initial entry)

11/21, p. 22 (concluded entry)

Concluded
Therapeutic Goods Legislation Amendment (2021 Measures No. 1) Regulations 2021 [F2021L00450]

Principle (f) incorporated materials freely accessible

n/a

10/21, p. 15 (initial entry)

12/21, p. 35 (concluded entry)

Concluded
Higher Education Standards Framework (Threshold Standards) 2021 [F2021L00488]

Principle (a) compliance with Legislation Act 2003 - incorporation

n/a

10/21, p. 14 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
CASA 30/21 – Required Communication Performance and Required Surveillance Performance (RCP 240 and RSP 180) Capability Declarations – Direction 2021 [F2021L00504]

Principle (a) compliance with Legislation Act 2003 - manner of incorporation

n/a10/21, pp. 14, 22 (initial and concluded entry)Concluded
Industry Research and Development (Growing Australia’s Cyber Skills Program) Instrument 2021 [F2021L00536]

Principle (c) conferral of discretionary powers

Principle (g) adequacy of explanatory materials

Principle (j) matters more appropriate for parliamentary enactment

Principle (k) parliamentary oversight

Committee's initial correspondence10/21, p. 14 (initial entry)Ongoing
Industry Research and Development (Modern Manufacturing Initiative Program) Instrument 2021 [F2021L00539]

Principle (c) conferral of discretionary powers

Principle (g) adequacy of explanatory materials

Principle (j) matters more appropriate for parliamentary enactment

Principle (k) parliamentary oversight

Committee's initial correspondence10/21, p. 14 (initial entry)Ongoing
Broadcasting Services (Parental Lock) Amendment Technical Standard 2021 (No.1) [F2021L00543]

Principle (a) compliance with authorising legislation

n/a

10/21, p. 14 (initial entry)

11/21, p. 22 (concluded entry)

Concluded
Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021 [F2021L00547]

Principle (c) conferral of discretionary powers

Principle (g) adequacy of explanatory materials

Principle (k) parliamentary oversight

Committee's initial correspondence10/21, p. 14 (initial entry)Ongoing
Industry Research and Development (National Agricultural Innovation Agenda Program) Instrument 2021 [F2021L00561]

Principle (c) conferral of discretionary powers 

Principle (k) parliamentary oversight

n/a

10/21, p. 15 (initial entry)

11/21, p. 23 (concluded entry)

Concluded
Industry Research and Development (Beetaloo Cooperative Drilling Program) Instrument 2021 [F2021L00567]

Principle (c) conferral of discretionary powers

Principle (g) adequacy of explanatory materials

Principle (k) parliamentary oversight

Committee's initial correspondence10/21, p. 14 (initial entry)Ongoing
Greenhouse and Energy Minimum Standards (Authorisation Requirements for Testing GEMS Products) Instrument 2021 [F2021L00569]

Principle (d) consultation on specific instrument


Principle (d) consultation with persons affected

n/a

10/21, p. 14 (initial entry)

11/21, p. 22 (concluded entry)

Concluded
Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1) [F2021L00570]

Principle (a) compliance with authorising legislation

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a

10/21, p. 15 (initial entry)

12/21, p. 35 (concluded entry)

Concluded
Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 [F2021L00587]

Principle (a) compliance with Legislation Act 2003 - consultation

n/a

10/21, p. 15 (initial entry)

11/21, p. 23 (concluded entry)

Concluded
Australian Renewable Energy Agency Amendment (2020-21 Budget Programs) Regulations 2021 [F2021L00590]

Principle (a) compliance with authorising legislation

Principle (d) consultation with persons affected

Principle (j) significant matters in delegated legislation

Committee's initial correspondence

Minister's response

Committee's further correspondence

8/21, p. 15 (initial entry)Ongoing
Inspector-General of the Australian Defence Force Amendment Regulations 2021 [F2021L00591]

Principle (a) compliance with Legislation Act 2003 - retrospective application

Principle (h) privacy

n/a

10/21, p. 15 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Industry Research and Development (Boosting Australia's Diesel Storage Program) Instrument 2021 [F2021L00610]

Principle (g) adequacy of explanatory materials

Principle (k) parliamentary oversight

Committee's initial correspondence11/21, pp. 10, 13 (initial entry)Ongoing
Recycling and Waste Reduction (Product Stewardship—Televisions and Computers) Rules 2021 [F2021L00624]

Principle (f) incorporation of copyrighted material

n/a

11/21, p. 16 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Telecommunications (Statutory Infrastructure Providers—Circumstances for Exceptions to Connection and Supply Obligations) Determination 2021 [F2021L00651]

Principle (j) exemptions from primary legislation

Principle (k) parliamentary oversight

Committee's initial correspondence11/21, p. 14 (initial entry)Ongoing
Radiocommunications Equipment (General) Rules 2021 [F2021L00661]

Principle (c) scope of administrative powers

Principle (e) clarity of drafting

Principle (h) privacy

n/a11/21, pp. 16, 23 (initial and concluded entry)Concluded
Migration Amendment (Subclass 189 Visas) Regulations 2021 [F2021L00668]

Principle (g) adequacy of explanatory materials

n/a11/21, pp. 15, 23 (initial and concluded entry)Concluded
Primary Industries (Excise) Levies Amendment (Laying Chickens) Regulations 2021 [F2021L00674]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 8, 14, 22 (initial and concluded entry)Concluded
Radiocommunications (Receiver Licence Tax) Amendment Determination 2021 (No. 2) [F2021L00679]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 8, 14, 22 (initial and concluded entry)Concluded
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No. 2) [F2021L00680]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 8, 14, 22 (initial and concluded entry)Concluded
Health Insurance Legislation Amendment (2021 Measures No. 1) Regulations 2021 [F2021L00681]

Principle (a) compliance with the Legislation Act 2003 - incorporation

n/a

11/21, p. 15 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2021 [F2021L00690]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 7, 13, 21 (initial and concluded entry)Concluded
Therapeutic Goods (Charges) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L00694]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 8, 14, 21 (initial and concluded entry)Concluded
Aged Care Legislation Amendment (Service Staff Vaccination Recording and Reporting) Principles 2021 [F2021L00697]

Principle (h) privacy

n/a

11/21, p. 15 (initial entry)

13/21, p. 17 (concluded entry)

Concluded
Radiocommunications (Class Licence) Amendment Instrument 2021 (No.1) [F2021L00734]

Principle (e) clarity of drafting

n/a

11/21, p. 16 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
Aviation Transport Security Amendment (Screening Information) Regulations 2021 [F2021L00736]

Principle (c) conferral of discretionary powers

Principle (h) strict liability

Principle (j) significant penalties in delegated legislation

Committee's initial correspondence11/21, p. 13 (initial entry)Ongoing
Aviation Transport Security (Screening Officer Requirements) Determination 2021 [F2021L00738]

Principle (c) conferral of discretionary powers

n/a

11/21, p. 15 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Maritime Transport Security (Screening Officer Requirements) Determination 2021 [F2021L00740]

Principle (c) conferral of discretionary powers

n/a

11/21, p. 15 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Higher Education Provider Approval No 1 of 2021 [F2021L00747]

Principle (g) adequacy of explanatory materials

n/a

11/21, p. 15 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Radiocommunications Accreditation (General) Rules 2021 [F2021L00748]

Principle (i) availability of independent merits review

n/a

11/21, p. 16 (initial entry)

12/21, p. 35 (concluded entry)

Concluded
Narcotic Drugs (Licence Charges) Amendment (Charge Amounts and Other Measures) Regulations 2021 [F2021L00752]

Principle (j) levying of taxation in delegated legislation

Committee's correspondence11/21, pp. 7, 14, 21 (initial and concluded entry)Concluded
Radiocommunications (Conditions of Frequency Assignment Certificates - Apparatus Licences) Determination 2021 [F2021L00755]

Principle (a) compliance with Legislation Act 2003 - incorporation

Principle (k) legal certainty

n/a

11/21, p. 16 (initial entry)

12/21, p. 35 (concluded entry)

Concluded
Aged Care Legislation Amendment (Requirements for Staff Members and Volunteers) Instrument 2021 [F2021L00758]

Principle (e) clarity of drafting

n/a

11/21, p. 15 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 1) [F2021L00759]

Principle (a) compliance with Legislation Act 2003 - incorporation

Principle (e) clarity of drafting

Principle (g) adequacy of explanatory materials

n/a

11/21, p. 15 (initial entry)

13/21, p. 17 (concluded entry)

Concluded
ASIC Market Integrity Rules (Capital) 2021 [F2021L00765]

Principle (c) conferral of discretionary powers

Principle (i) availability of independent merits review

n/a

11/21, p. 15 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
National Greenhouse and Energy Reporting (Measurement) Amendment (2021 Update) Determination 2021 [F2021L00771]

Principle (f) access and use

n/a

11/21, p. 16 (initial entry)

12/21, p. 34 (concluded entry)

Concluded
Health Insurance (Section 3C General Medical Services—Transcatheter Mitral Valve Repair) Determination 2021 [F2021L00800]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a

12/21, p. 27 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Veterans' Entitlements (Counselling) Extended Eligibility Determination 2021 [F2021L00804]

Principle (c) conferral of discretionary powers

Principle (e) drafting error

Principle (h) retrospective commencement

n/a

12/21, p. 28 (initial entry)

13/21, p. 19 (concluded entry)

Concluded
Road Vehicle Standards (Limit of Acceptable Damage or Corrosion) Determination 2021 [F2021L00823]

Principle (a) compliance with Legislation Act 2003 - incorporation

n/a

12/21, p. 28 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021 [F2021L00838]

Principle (f) incorporated materials freely accessible

n/a

12/21, p. 28 (initial entry)

13/21, p. 19 (concluded entry)

Concluded
Great Barrier Reef Marine Park Amendment (No-Anchoring Areas) Regulations 2021 [F2021L00843]

Principle (k) parliamentary oversight

n/a12/21, p. 27 (initial entry)Ongoing
National Health (Medication Program for Homeless People) Special Arrangement 2021 [F2021L00844]

Principle (i) availability of independent merits review

n/a12/21, p. 28 (initial entry)Ongoing
Treasury Laws Amendment (Miscellaneous and Technical Amendments) Regulations 2021 [F2021L00848]

Principle (d) consultation with persons affected

n/a

12/21, p. 28 (initial entry)

13/21, p. 19 (concluded entry)

Concluded
Road Vehicle Standards (Verification of Road Vehicles) Determination 2021 [F2021L00850]

Principle (a) compliance with Legislation Act 2003 - incorporation

n/a

12/21, p. 28 (initial entry)

13/21, p. 18 (concluded entry)

Concluded
Legislation (Exemptions and Other Matters) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L00859]

Principle (j) matters more appropriate for parliamentary enactment

Principle (k) parliamentary oversight – exemption from disallowance

Principle (k) parliamentary oversight – exemption from sunsetting

Committee's initial correspondence13/21, p. 11 (initial entry)Ongoing
Australian Charities and Not‑for‑profits Commission Amendment (2021 Measures No. 2) Regulations 2021 [F2021L00863]

Principle (b) implied freedom of political communication

Principle (c) conferral of discretionary powers

Principle (e) clarity of drafting

Committee's initial correspondence

Minister's response

Committee's further correspondence

10/21, p. 13 (initial entry)Ongoing
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 3) Regulations 2021 [F2021L00864]

Principle (c) delegation of administrative powers and functions

n/a13/21, p. 12 (initial entry)Ongoing
Education Services for Overseas Students (Exempt Courses) Instrument 2021 [F2021L00877]

Principle (a) compliance with Legislation Act 2003 - incorporation

n/a13/21, p. 12 (initial entry)Ongoing
Aged Care Legislation Amendment (Royal Commission Response No.1) Principles 2021 [F2021L00923]

Principle (c) conferral of discretionary powers

Principle (e) clarity of drafting

Principle (j) matters more appropriate for parliamentary enactment

Principle (j) significant impact on personal rights and liberties

Committee's initial correspondence13/21, p. 11 (initial entry)Ongoing
Australian Renewable Energy Agency (Implementing the Technology Investment Roadmap) Regulations 2021 [F2021L01043]

Principle (a) compliance with authorising legislation

Principle (a) compliance with Legislation Act 2003 - same in substance

Principle (j) significant matters in delegated legislation

Committee's initial correspondence12/21, pp. 8, 27 (initial entry)Ongoing

Non-monitor related correspondence

The table below lists non-monitor related correspondence that the committee has resolved to publish.

Subject Correspondence
Correspondence relating to the status of the special arrangement for the Opiate Dependency Treatment program PDF 1,570KB

About this committee

The Senate Standing Committee for the Scrutiny of Delegated Legislation assesses delegated legislation against a set of scrutiny principles that focus on compliance with statutory requirements, the protection of individual rights and liberties, and principles of parliamentary oversight.

Track Committee

Committee Secretariat contact:

Committee Secretary
Senate Scrutiny of Delegated Legislation Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 62773066
Fax: +61 2 62775881
sdlc.sen@aph.gov.au