Appendix 2

Appendix 2

Undertakings

Table 1: Undertakings implemented in 2010-11

Instrument

Date of undertaking

Undertaking

Implemented by

Department of Agriculture, Fisheries and Forestry

Quarantine Service Fees Amendment Determination 2009 (No. 2)
[F2009L02996]

15 October 2009

Amend section 7C to prescribe factors to guide DAFF secretary when exercising discretion under section 7C(5) relating to forfeiture of a deposit for services

Quarantine Services Fees Amendment Determination 2010 (No. 1)
[F2010L03257]
[8 December 2010]

Attorney-General's Department

Customs (Prohibited Exports) Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 15]
[F2010L00538]

3 June 2010

Amend the regulations to limit the authorisation to give permissions for the import and export of arms or related materiél to or from Eritrea to senior departmental employees

Customs (Prohibited Exports) Amendment Regulations 2010 (No. 3)
[Select Legislative Instrument 2010 No. 314]
[F2010L03171]
[8 December 2010]

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 14]
[F2010L00540]

3 June 2010

Amend the regulations to limit the authorisation to give permissions for the import and export of arms or related materiél to or from Eritrea to senior departmental employees

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 3)
[Select Legislative Instrument 2010 No. 315]
[F2010L03172]
[8 December 2010]

Department of Education, Employment and Workplace Relations

Student Assistance (Public Interest Certificate Guidelines) Determination 2008
[F2008L01262]

16 September 2008

Amend paragraph 10(c) of the guidelines to remove the reference to 'an incorrectly held opinion'

Student Assistance (Public Interest Certificate Guidelines) Determination 2011
[F2011L00138]
[13 January 2011]


Instrument

Date of undertaking

Undertaking

Implemented by

Department of Health and Ageing

Therapeutic Goods Amendment Regulations 2009 (No. 6)
[Select Legislative Instrument 2009 No. 374]
[F2009L04018]

15 March 2010

Amend paragraph 41C(1)(d) to remove 'inefficiency' as a ground for the termination of advisory board members

Therapeutic Goods Amendment Regulations 2011 (No. 2)
[Select Legislative Instrument 2011 No. 102]
[F2011L01100]
[16 June 2011]

Therapeutic Goods (Medical Devices) Amendment Regulations 2010 (No. 3)
[Select Legislative Instrument 2010 No. 267] [F2010L02787]

14 December 2010

Amend clause 11 in Schedule 3A to clarify the person responsible for destroying unused emergency medical devices where the owner of the devices fails to comply with a provision of the schedule

Therapeutic Goods (Medical Devices) Amendment Regulations 2011 (No. 2)
[Select Legislative Instrument 2011 No. 104]
[F2011L01102]
[16 June 2011]


Department of Infrastructure and Transport

Marine Orders - Part 21: Safety of navigation and emergency procedures, Issue 7 (Order No. 6 of 2010)
[F2010L01898]

16 November 2010

Amend clause 14.3.3 to make reference to five degrees in the text of the provision, thereby omitting the need for the note; and review part 21 to ensure substantive material is contained within provisions of the part

Marine Orders - Part 21: Safety of Navigation and Emergency Procedures - Amendment (Order No. 3 of 2011)
[F2011L00947]
[1 June 2011]

Department of Industry, Innovation, Science, Research and Tertiary Education

Automotive Transformation Scheme Regulations 2010
[Select Legislative Instrument 2010 No. 82]
[F2010L01201]

12 July 2010

Amend the regulations to clarify the provision concerning the way a cartel or price-fixing arrangement is determined (regulation 1.29); correct a typographical error in regulation 2.28; and require the minister to advise an applicant in writing of a decision to refuse an application in the national interest (regulations 2.8, 2.25)

Automotive Transformation Scheme Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 329]
[F2010L03200]
[8 December 2010]


Instrument

Date of undertaking

Undertaking

Implemented by

Department of Resources, Energy and Tourism

Offshore Petroleum and Greenhouse Gas Storage (Management of Greenhouse Gas Well Operations) Regulations 2010
[Select Legislative Instrument 2010 No. 28]
[F2010L00441]

26 March 2010

Amend subregulations 3.2(1) and 3.5(1) to provide for a time limit of 30 days for decisions concerning the acceptance, rejection or variation of well operations management plans or the acceptance or rejection of a titleholder's objection

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
[Select Legislative Instrument 2011 No. 54]
[F2011L00647]
[21 April 2011]

The Treasury

ASIC Market Integrity Rules (ASX Market) 2010
[F2010L02211]

17 January 2011

Amend rule 2.1.4(2)(b)(i) to remove the reference to a person being 'charged with an offence' to ensure the rule provides only for a person to have been convicted of an offence

ASIC Market Integrity Rules (ASX Market) Amendment 2011 (No. 1)
[F2011L00217]
[7 February 2011]


Table 2: Undertakings outstanding at 30 June 2011

Instrument

Date of undertaking

Undertaking

Department of Agriculture, Fisheries and Forestry

Export Control (Animals) Amendment Order 2006 (No. 1)
[F2006L02382]

13 September 2006

Amend subregulation 3.07(4) to clarify that a notice may be subject to conditions

Amend regulations 3.13 and 2.51 to provide for merits review of a decision concerning the costs that an exporter is required to pay

Export Control (Poultry Meat and Poultry Meat Products) Orders 2010
[F2010L03051]

14 June 2011

Amend the orders to specify that the scope of an audit is to be determined prior to its commencement

Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010
[F2010L03050]

14 June 2011

Amend the orders to specify that the scope of an audit is to be determined prior to its commencement

Attorney-General's Department

Australian Federal Police Amendment Regulations 2000 (No. 2)
[Statutory Rules 2000 No. 138]
[F2000B00146]

28 September 2000

Amend the regulations to clarify from whom salary deductions are to be made for judgment debts

Auscheck Regulations 2007
[Select Legislative Instrument 2007 No. 137]
[F2007L01570]

4 October 2007

Amend the note to regulation 11 to include a reference to the Cost Recovery Impact Statement that was prepared during the making of the regulations

Department of Broadband, Communications and the Digital Economy

Telecommunications Service Provider (Mobile Premium Services) Determination 2010 No. 1
[F2010L00639]

23 November 2010

Amend section 13 of the determination to clarify compliance timeframes


Instrument

Date of undertaking

Undertaking

Department of Defence

Defence Determination 2010/8 made under section 58B of the Defence Act 1903

2 December 2010

Amend subclause 5.4.10.1 to read 'A member must report to the Defence Health Service when she believes she is pregnant'

Amend subclause 5.4.10.2 to permit the requirement for some form of evidence to be provided by the member, or someone on her behalf, six weeks after the end of the pregnancy

Department of Families, Community Services and Indigenous Affairs

Aboriginal Land Grant (Jervis Bay Territory) By-laws 2005
[F2005L04071]

23 March 2006

Amend to:

Clarify the position with regard to the return of confiscated items

Clarify scope of 'commercial activities'

Require wardens to produce an identity card

Clarify the provision concerning the keeping of dogs and cats within the community

Disability Services (Eligible Services) Approval (FaHCSIA) 2008
[F2008L01381]

15 August 2008

Amend section 5 to make the delegation powers consistent with those provided for in section 33 of the Disability Services Act 1986

Department of Health and Ageing

Therapeutic Goods Amendment Regulations 2003 (No.5)
[Statutory Rules 2003 No. 301]
[F2003B00315]

11 March 2004

Amend the regulations to clarify the meaning of 'narrowcast transmission' in regulation 5BA; and the terms 'special interest groups' and 'programs of limited appeal'

Therapeutic Goods Amendment Regulations 2011 (No. 1)
[Select Legislative Instrument 2011 No. 30]
[F2011L00434]

31 May 2011

Amend subregulation 10H(11) to make the offence of failing to return a certificate to the secretary one of strict liability (consistent with another offence)


Instrument

Date of undertaking

Undertaking

Department of Infrastructure and Transport

Air Navigation Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 23]
[F2009L00564]

6 April 2009

Amend regulation 18 to require the Secretary of the Department of Infrastructure and Transport to provide a statement of reasons for a decision to refuse an application for an international airline licence

Airports (Environment Protection) Amendment Regulations 1998 (No.3)
[Statutory Rules 1998 No. 349]
[F1998B00366]

16 March 1999

Amend the regulations to provide for a reasonable period for reporting (regulation 6.03(1))

Civil Aviation Amendment Regulations 2002 (No.2)
[Statutory Rules 2002 No. 167]
[F2002B00162]

26 September 2002

Amend the strict liability offence in regulation 65.060 of the Civil Aviation Safety Regulations 1998 to include an appropriate defence

Civil Aviation Amendment Regulations 2003 (No.4)
[Statutory Rules 2003 No. 189]
[F2003B00198]

18 September 2003

Amend regulation 173.175 of the Civil Aviation Safety Regulations to include similar provisions to subregulation 173.340(4) concerning information that CASA intends to rely on when considering appointments of certified designers or the Chief Designer

Civil Aviation Safety Amendment Regulations 2008 (No. 1)
[Select Legislative Instrument 2008 No. 192]
[F2008L03483]

11 November 2008

Amend regulations 99.115 and 99.120 to clarify the intent of the provisions regarding the need for consent in obtaining a sample for drug and alcohol testing (undertaking subsequently amended to considering the matter further when considering next substantive amendments to regulations)

Civil Aviation Safety Regulations 1998
[F2012C00363]

14 August 2003

Amend regulation  139.875 to require records to be kept for a maximum of seven years to align with Airservices Australia National Operating Standard Document 001

Marine Orders - Part 6: Marine Radio Qualifications, Issue 5 (Order No. 5 of 2000)
[F2006B0027]

27 October 2000

Amend to clarify the intent of paragraph 8.4.1 and to remove the reference to paragraph 8.4.2 being a penal provision


Instrument

Date of undertaking

Undertaking

Department of Sustainability, Environment, Water, Population and Communities

Environment Protection and Biodiversity Conservation Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 100]
[F2010L01366]

15 November 2010

Review the application of the offence provision in paragraph 12.58(2)(b) (likelihood of a parachutist landing in a Commonwealth reserve); and the apparent duplication of requirements in paragraph 10.02AD(a) and (b) to clarify the intent of the provision

The Treasury

Excise Regulations (Amendment)
[Statutory Rules 1995 No. 425]
[F1996B03088]

16 May 1996

Amend the Excise Act 1901 to provide for Administrative Appeals Tribunal review of decisions made under s. 61C of that Act

Department of Veterans' Affairs

Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Claims/Dental/Fees) Instrument 2010 (No. R9/2010)
[F2010L02630]

23 November 2010

Amend paragraph 3.5.1(o) to specify that acceptance of an 'other GP' fee must be dependent on the GP complying with the principles

Military Rehabilitation and Compensation (Weekly Payments - Class of Persons) Specification 2011
[F2011L00238]

17 May 2011

Amend the instrument to include examples in a note explaining the term 'financially vulnerable and significantly disadvantaged' when it is next amended; and consider at that time the suitability of the phrase

Veterans' Entitlements (Weekly Payments – Class of Persons) Specification 2011
[F2011L00240]

17 May 2011

Amend the instrument to include examples in a note explaining the term 'financially vulnerable and significantly disadvantaged' when it is next amended; and consider at that time the suitability of the phrase

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