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 that the committee has resolved to publish, please see the non-monitor related correspondence webpage.

January - June 2022

The table below lists all legislative instruments considered by the committee on or before 30 June 2022.

Instrument name Scrutiny principle Correspondence Monitor Status Disallowable or exempt
Biosecurity Legislation Amendment (Incoming International Flights) Determination 2021 [F2021L01462]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Biosecurity (Human Coronavirus with Pandemic Potential) Amendment (No. 2) Determination 2021 [F2021L01463]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Therapeutic Goods Legislation Amendment (2021 Measures No. 3) Regulations 2021 [F2021L01474]

Principle (g) adequacy of explanatory materials

Principle (h) privacy

n/a

1/22, p. 31 (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Recycling and Waste Reduction (Export—Waste Tyres) Rules 2021 [F2021L01482]

Principle (i) availability of independent merits review

n/a

1/22, p. 30 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2021 [F2021L01484]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Financial Framework (Supplementary Powers) Amendment (Education, Skills and Employment Measures No. 4) Regulations 2021 [F2021L01494]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 29 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Industry, Science, Energy and Resources Measures No. 1) Regulations 2021 [F2021L01495]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 29 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 1) Regulations 2021 [F2021L01496]

Principle (k) exemption from sunsetting

n/a

1/22, p. 29 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Defence Measures No. 2) Regulations 2021 [F2021L01497]

Principle (k) exemption from sunsetting

n/a

1/22, p. 29 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 4) Regulations 2021 [F2021L01498]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 30 (initial entry)

2/22, p. 26 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 8) Regulations 2021 [F2021L01499]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 30 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 7) Regulations 2021 [F2021L01500]

Principle (k) exemption from sunsetting

n/a

1/22, p. 29 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Customs (Regional Comprehensive Economic Partnership Rules of Origin) Regulations 2021 [F2021L01503]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (f) incorporated materials freely accessible

n/a

1/22, p. 29 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 5) Regulations 2021 [F2021L01507]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 29 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Industry Research and Development (Northern Australia Development Program) Instrument 2021 [F2021L01508]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 30 (initial entry)

2/22, p. 26 (concluded entry)

ConcludedDisallowable
Vehicle Standard (Australian Design Rule 98/00 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021 [F2021L01518]

Principle (k) exemption from sunsetting

n/a

1/22, p. 31 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Vehicle Standard (Australian Design Rule 98/01 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021 [F2021L01519]

Principle (k) exemption from sunsetting

n/a

1/22, p. 31 (initial entry)

2/22, p. 28 (concluded entry)

ConcludedDisallowable
Telecommunications Code of Practice 2021 [F2021L01524]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (c) conferral of discretionary powers

Principle (i) availability of independent merits review

Principle (m) legal certainty

n/a

1/22, p. 31 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
National Consumer Credit Protection Amendment (Small Business Exemption No. 2) Regulations 2021 [F2021L01540]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

3/22, p. 42 (concluded entry)

ConcludedDisallowable
Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 [F2021L01546]Principle (m) parliamentary oversight

Committee's initial correspondence, p. 17

Minister's response, p. 14

Committee's final correspondence, p. 50

1/22, p. 27 (initial entry)

3/22, p. 40 (concluded entry)

ConcludedDisallowable
Designs Amendment (Advisory Council on Intellectual Property Response) Regulations 2021 [F2021L01552]

Principle (e) clarity of drafting

n/a

1/22, p. 29 (initial entry)

3/22, p. 41 (concluded entry)

ConcludedDisallowable
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Retail Outlets at International Airports) Repeal Determination 2021 [F2021L01555]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Industry Research and Development (Supporting Agricultural Showmen and Women Program) Instrument 2021 [F2021L01558]

Principle (c) delegation of administrative powers and functions

n/a

1/22, p. 30 (initial entry)

2/22, p. 26 (concluded entry)

ConcludedDisallowable
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 2) 2021 [F2021L01561]

Principle (j) significant penalties in delegated legislation

Committee's initial correspondence, p. 15

Minister's response, p. 15

Committee's final comment, p. 62

1/22, p. 27 (initial entry)

5/22, p. 62 (concluded entry)

ConcludedDisallowable
Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Reserve HFC Quotas) Regulations 2021 [F2021L01564]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

3/22, p. 42 (concluded entry)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Determination 2021 [F2021L01572]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Biosecurity (Emergency Requirements—Remote Communities) Amendment (No. 1) Determination 2021 [F2021L01578]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Advance to the Finance Minister Determination (No. 1 of 2021-2022) [F2021L01581]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

1/22, pp. 2, 27, 37 (initial and concluded entry)ConcludedExempt
Variation to Licence Area Plan – Albury Radio – 2021 (No. 1) [F2021L01583]

Principle (k) exemption from sunsetting

n/a

1/22, p. 31 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Fair Work Act 2009 Direction to Inspectors (November 2021) [F2021L01585]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

1/22, p. 29 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Amendment (No. 2) Determination 2021 [F2021L01586]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 7

1/22, pp. 7, 28, 37 (initial and concluded entry)ConcludedExempt
Eddystone Point Lighthouse Heritage Management Plan 2021 [F2021L01587]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

1/22, p. 29 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Part 91, Part 133 and Part 138 Manuals of Standards — NVIS Amendments Instrument 2021 (No. 1) [F2021L01591]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

2/22, p. 26 (concluded entry)

ConcludedDisallowable
Part 138 MOS Amendment Instrument 2021 (No. 1) [F2021L01595]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

2/22, p. 26 (concluded entry)

ConcludedDisallowable
Southern Bluefin Tuna Fishery (Undercatch and Overcatch) (2020-2021 Season No. 2) Determination 2021 [F2021L01606]

Principle (g) adequacy of explanatory materials

n/a

1/22, p. 31 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Remuneration Tribunal Amendment Determination (No. 6) 2021 [F2021L01607]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Corporations Amendment (Litigation Funding) Regulations 2021 [F2021L01608]

Principle (e) clarity of drafting


n/a

1/22, p. 28 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 10) Regulations 2021 [F2021L01609]

Principle (k) exemption from sunsetting

n/a

1/22, p. 30 (initial entry)

2/22, p. 25 (concluded entry)

ConcludedDisallowable
Civil Aviation Order 48.1 Amendment Instrument 2021 (No. 1) [F2021L01610]Principle (k) exemption from sunsetting

n/a

1/22, p. 28 (initial entry)

2/22, p. 24 (concluded entry)

ConcludedDisallowable
Radiocommunications (Exemption – Corrective Services NSW) Determination 2021 [F2021L01613]

Principle (a) compliance with authorising legislation

n/a

1/22, p. 30 (initial entry)

2/22, p. 27 (concluded entry)

ConcludedDisallowable
Customs (Prohibited Imports) Amendment (Commercial Importation of Kava as Food) Regulations 2021 [F2021L01615]

Principle (c) delegation of administrative powers and functions


n/a

1/22, p. 29 (initial entry)

3/22, p. 41 (concluded entry)

ConcludedDisallowable
Competition and Consumer Amendment (Consumer Data Right) Regulations 2021 [F2021L01617]

Principle (g) adequacy of explanatory materials

Principle (h) privacy

Principle (k) exemption from sunsetting

Principle (l) exemption from the operation of primary legislation


Committee's initial correspondence, p. 12

Minister's response, p. 8

Committee's further comment, p. 46

1/22, p. 28 (initial entry)

5/22, p. 46 (continuing entry)

OngoingDisallowable
Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination (No. 2) 2021 [F2021L01620]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

2/22, p. 2 (initial and concluded entry)ConcludedExempt
Biosecurity (Emergency Requirements—High Risk Country Travel Pause) Determination (No. 2) 2021 [F2021L01621]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

2/22, p. 2 (initial and concluded entry)ConcludedExempt
Telecommunications (Interception and Access) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01622]

Principle (a) compliance with authorising legislation

Committee's initial correspondence, p. 44

Minister's response, p. 25

Committee's final comment, p. 76

2/22, p. 17  (initial entry)

5/22, p. 76 (concluded entry)

ConcludedDisallowable
Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.2) [F2021L01629]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2021 [F2021L01639]

Principle (j) levying of taxation in delegated legislation

Committee's initial and concluded correspondence, p. 24

2/22, pp. 15, 23 (initial and concluded entry)ConcludedDisallowable
Fishing Levy Amendment (2021-2022 Levy Amounts) Regulations 2021 [F2021L01643]

Principle (j) levying of taxation in delegated legislation

Committee's initial and concluded correspondence, p. 24

2/22, pp. 15, 23 (initial and concluded entry)ConcludedDisallowable
Comptroller-General of Customs (Warrants) Amendment Directions 2021 [F2021L01650]

Principle (g) adequacy of explanatory materials

n/a

2/22, p. 16  (initial entry)

3/22, p. 41 (concluded entry)

ConcludedDisallowable
Comptroller (Warrants) Amendment Directions 2021 [F2021L01657]

Principle (g) adequacy of explanatory materials

n/a

2/22, p. 16  (initial entry)

3/22, p. 41 (concluded entry)

ConcludedDisallowable
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 2) [F2021L01658]

Principle (k) exemption from sunsetting

Principle (l) exemption from the operation of primary legislation

Committee's initial correspondence, p. 9

Minister's response, p. 1

Committee's further correspondence, p. 12

Minister's further response, p. 6

Committee's further comment, p. 43

2/22, p. 15  (initial entry)

5/22, p. 43 (continuing entry)

OngoingDisallowable
Imported Food Control Legislation Amendment (Risk Foods) Order 2021 [F2021L01659]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

2/22, p. 17  (initial entry)

3/22, p. 42 (concluded entry)

ConcludedDisallowable
Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021 [F2021L01661]

Principle (e) clarity of drafting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Civil Aviation Order 95.12.1 (Exemptions from CAR and CASR — LSA Gyroplanes and ASRA-compliant Gyroplanes) Instrument 2021 [F2021L01663]

Principle (f) incorporated materials freely accessible

n/a

2/22, p. 16  (initial entry)

3/22, p. 41 (concluded entry)

ConcludedDisallowable
CASA EX145/21 – Amendment of CASA EX87/21 – Instrument 2021 (No. 1) [F2021L01671]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
CASA EX150/21 – Amendment of CASA EX85/21 – Instrument 2021 [F2021L01675]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Fisheries Management (Logbooks for Fisheries) Determination 2021 [F2021L01676]

Principle (c) conferral of discretionary powers

Principle (c) delegation of administrative powers and functions

Principle (e) clarity of drafting

n/a

2/22, p. 17  (initial entry)

3/22, p. 42 (concluded entry)

ConcludedDisallowable
Australian Capital Territory National Land (Road Transport) Parking Authority Guidelines 2021 [F2021L01677]

Principle (f) incorporated materials freely accessible

n/a

2/22, p. 16  (initial entry)

5/22, p. 83 (concluded listing)

ConcludedDisallowable
CASA EX149/21 – Amendment of CASA EX84/21 – Instrument 2021 [F2021L01679]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Civil Aviation Order (Flight Operations) Repeal and Amendment Instrument 2021 (No. 1) [F2021L01680]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Part 121 (Australian Air Transport—Larger Aeroplanes) Amendment Manual of Standards 2021 [F2021L01681]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
CASA EX148/21 – Amendment of CASA EX83/21 – Instrument 2021 [F2021L01682]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
CASA EX147/21 – Amendment of CASA EX82/21 – Instrument 2021 [F2021L01683]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
CASA EX146/21 – Amendment of CASA EX81/21 – Instrument 2021 [F2021L01684]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
CASA EX151/21 – Amendment of CASA EX86/21 – Instrument 2021 [F2021L01685]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Part 135 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01687]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Part 133 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01688]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Carbon Credits (Carbon Farming Initiative—Estimation of Soil Organic Carbon Sequestration Using Measurement and Models) Methodology Determination 2021 [F2021L01696]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

2/22, p. 16  (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Part 149 (Approved Self-administering Aviation Organisations) Amendment Manual of Standards 2021 [F2021L01697]

Principle (k) exemption from sunsetting

n/a

2/22, p. 17  (initial entry)

3/22, p. 43 (concluded entry)

ConcludedDisallowable
Biosecurity (Conditionally Non-prohibited Goods) Amendment (Test Kits) Determination 2021 [F2021L01698]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

2/22, p. 2 (initial and concluded entry)ConcludedExempt
Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 [F2021L01708]

Principle (j) matters more appropriate for parliamentary enactment

Principle (j) significant matters in delegated legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 15

Committee's further comment, p. 54

2/22, p. 16  (initial entry)

5/22, p. 54 (continuing entry)

OngoingDisallowable
Corporations (Relevant Providers—Education and Training Standards) Determination 2021 [F2021L01714]

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

Principle (i) availability of independent merits review

n/a

2/22, p. 16  (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Biosecurity Legislation Amendment (Emergency and Entry Requirements) Determination 2021 [F2021L01718]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

2/22, p. 2 (initial and concluded entry)ConcludedExempt
Export Control Legislation Amendment (2021 Measures No. 1) Rules 2021 [F2021L01730]

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

Principle (c) delegation of administrative powers and functions

Principle (e) clarity of drafting

Principle (h) privacy

n/a

2/22, p. 17  (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment (No. 2) Regulations 2021 [F2021L01750]

Principle (j) levying of taxation in delegated legislation

Committee's initial and concluded correspondence, p. 22

2/22, pp. 15, 23 (initial and concluded entry)ConcludedDisallowable
Narcotic Drugs (Licence Charges) Amendment (Medicinal Cannabis Licences) Regulations 2021 [F2021L01752]

Principle (a) compliance with Legislation Act 2003—no statement of compatibility

n/a

2/22, p. 17  (initial entry)

3/22, p. 42 (concluded entry)

ConcludedDisallowable
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension No. 4) Instrument 2021 [F2021L01757]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

2/22, p. 2 (initial and concluded entry)ConcludedExempt
Biosecurity (Emergency Requirements—High Risk Country Travel Pause) Amendment Determination (No. 1) 2021 [F2021L01758]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 17

3/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 3) [F2021L01759]

Principle (h) privacy

Principle (k) exemption from sunsetting

n/a

3/22, pp. 32, 40 (initial and concluded entry)ConcludedDisallowable
Customs (Prohibited Imports) Amendment (Firearms and Weapons) Regulations 2021 [F2021L01761]

Principle (k) exemption from sunsetting

n/a

3/22, pp. 33, 41 (initial and concluded entry)ConcludedDisallowable
Air Navigation (Aircraft Noise) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01768]Principle (m) automated decision-making

Committee's initial correspondence, p. 25

Minister's response, p. 1

Committee's further comment, p. 40

3/22, p. 31 (initial entry)

5/22, p. 40 (continuing entry)

OngoingDisallowable
Advance to the Finance Minister Determination (No. 2 of 2021-2022) [F2021L01771]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

1/22, pp. 2, 27, 37 (initial and concluded entry)ConcludedExempt
Superannuation Amendment (PSS Trust Deed) Instrument 2021 (No. 2) [F2021L01779]

Principle (k) exemption from sunsetting

n/a

3/22, pp. 34, 42 (initial and concluded entry)ConcludedDisallowable
Health Insurance (Quality Assurance Activity – Australian Vigilance and Surveillance System for Organ Donation for Transplantation) Declaration 2021 [F2021L01783]

Principle (e) clarity of drafting

n/a

3/22, p. 33 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
Public Governance, Performance and Accountability (Financial Reporting) Amendment (2021 Measures No. 2) Rules 2021 [F2021L01788]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (f) access and use

n/a

3/22, pp. 34, 42 (initial and concluded entry)ConcludedDisallowable
Carbon Credits (Carbon Farming Initiative—Industrial and Commercial Emissions Reduction) Methodology Determination 2021 [F2021L01789]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (f) incorporated materials freely accessible

n/a

3/22, p. 32 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Illegal Logging Prohibition Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01794]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

3/22, pp. 34, 42 (initial and concluded entry)ConcludedDisallowable
Advance to the Finance Minister Determination (No. 3 of 2021-2022) [F2021L01795]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

1/22, pp. 2, 27, 37 (initial and concluded entry)ConcludedExempt
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 6) Regulations 2021 [F2021L01800]

Principle (m) disclosure of funding information

n/a

3/22, p. 33 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
Treasury Laws Amendment (Greater Transparency of Proxy Advice) Regulations 2021 [F2021L01801]

Principle (e) clarity of drafting

Principle (j) matters more appropriate for parliamentary enactment

Principle (j) significant penalties in delegated legislation

Principle (l) modification of the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 21

1/22, p. 28 (initial entry)OngoingDisallowable
Corporations (Fees) Amendment (Relevant Providers) Regulations 2021 [F2021L01804]

Principle (j) levying of taxation in delegated legislation

n/a

3/22, pp. 33, 41 (initial and concluded entry)ConcludedDisallowable
Biosecurity (Conditionally Non‑prohibited Goods) Amendment (Khapra Beetle) Determination 2021 [F2021L01807]Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 17

3/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Health Insurance Legislation Amendment (2021 Measures No. 4) Regulations 2021 [F2021L01812]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (f) incorporation of copyrighted material

n/a

3/22, p. 34 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 9) Regulations 2021 [F2021L01823]

Principle (j) matters more appropriate for parliamentary enactment

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 32

3/22, p. 31 (initial entry)OngoingDisallowable
Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2021 [F2021L01824]

Principle (e) clarity of drafting

Committee's initial correspondence, p. 35

3/22, p. 31 (initial entry)OngoingDisallowable
Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 11) Regulations 2021 [F2021L01825]

Principle (c) delegation of administrative powers and functions

Principle (i) availability of independent merits review

Principle (h) privacy

Principle (j) matters more appropriate for parliamentary enactment

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 37

3/22, p. 32 (initial entry)OngoingDisallowable
Renewable Energy (Electricity) Amendment (Small-Scale Renewable Energy Scheme Reforms and Other Measures) Regulations 2021 [F2021L01828]

Principle (f) access and use

Principle (h) privacy

n/a

3/22, p. 34 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Treasury Laws Amendment (Miscellaneous and Technical Amendments No. 2) Regulations 2021 [F2021L01841]

Principle (d) adequacy of consultation

Principle (k) exemption from sunsetting

n/a

3/22, p. 34 (initial entry)

4/22, p. 30 (concluded entry)

ConcludedDisallowable
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 [F2021L01843]

Principle (k) exemption from sunsetting

n/a

3/22, p. 33 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
Treasury Laws Amendment (Corporate Insolvency Reforms Consequential Amendments) Regulations 2021 [F2021L01847]

Principle (k) exemption from sunsetting

n/a

3/22, p. 34 (initial entry)

4/22, p. 30 (concluded entry)

ConcludedDisallowable
Remuneration Tribunal Amendment Determination (No. 7) 2021 [F2021L01851]

Principle (k) exemption from sunsetting

n/a

3/22, pp. 34, 42 (initial and concluded entry)ConcludedDisallowable
Financial Sector Reform Amendment (Hayne Royal Commission Response—Better Advice) Regulations 2021 [F2021L01854]

Principle (e) clarity of drafting

Principle (k) exemption from sunsetting

n/a

3/22, p. 33 (initial entry)

5/22, p. 85 (concluded listing)

ConcludedDisallowable
Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021 [F2021L01855]

Principle (c) scope of administrative powers

Principle (e) clarity of drafting

Principle (h) personal rights and liberties

Principle (h) procedural fairness

Principle (j) matters more appropriate for parliamentary enactment


Committee's initial correspondence, p. 28

Minister's response, p. 11

Committee's final comment, p. 57

3/22, p. 31 (initial entry)

5/22, p. 57 (concluded entry)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 2) 2021 [F2021L01863]Standing order 23(4A) – exemption from disallowanceCommittee's initial correspondence, p. 173/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Biosecurity (2022 Infringement Notices) Determination 2021 [F2021L01864]Standing order 23(4A) – exemption from disallowanceCommittee's initial correspondence, p. 173/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Fair Work (Norfolk Island) Amendment (Queensland Public Sector Employees) Rules 2021 [F2021L01872]

Principle (k) exemption from sunsetting

n/a

3/22, p. 33 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2021 [F2021L01885]Standing order 23(4A) – exemption from disallowanceCommittee's initial correspondence, p. 173/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Comptroller (Operational Safety) Directions 2021 [F2021L01886]

 Principle (f) incorporated materials freely accessible

n/a

3/22, p. 33 (initial entry)

4/22, p. 28 (concluded entry)

ConcludedDisallowable
Comptroller-General of Customs (Operational Safety) Directions 2021 [F2021L01887]

Principle (f) incorporated materials freely accessible

n/a

3/22, p. 33 (initial entry)

4/22, p. 28 (concluded entry)

ConcludedDisallowable
CASA EX163/21 — The Corryong Hang Gliding Cup Instrument 2021 [F2021L01889]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

3/22, p. 33 (initial entry)

4/22, p. 28 (concluded entry)

ConcludedDisallowable
Biosecurity (Biosecurity Activity Zones) Determination 2021 [F2021L01894]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 17

3/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Trade Support Loans Legislation Amendment Instrument 2021 [F2021L01905]

Principle (a) compliance with Legislation Act 2003—incorporation

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

n/a

3/22, p. 34 (initial entry)

4/22, p. 29 (concluded entry)

ConcludedDisallowable
CASA 114/21 — Exclusion from the Operation of Airworthiness Directives FAA AD 2021-23-12 and FAA AD 2021-23-13 Instrument 2021 [F2021L01909]

Principle (k) exemption from sunsetting

n/a

3/22, p. 33 (initial entry)

4/22, p. 28 (concluded entry)

ConcludedDisallowable
Biosecurity (Biosecurity Activity Zones) Repeal Determination 2021 [F2022L00001]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 17

3/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (COVID‑19 Rapid Antigen Tests) Determination 2022 [F2022L00019]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 17

3/22, pp. 13, 32, 40 (initial and concluded entry)ConcludedExempt
Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 1) 2021 [F2022L00020]

Principle (j) levying of taxation in delegated legislation

Committee's initial and concluded correspondence, p. 42 

3/22, pp. 32, 40 (initial and concluded entry)ConcludedDisallowable
Advance to the Finance Minister Determination (No. 4 of 2021-2022) [F2022L00028]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

1/22, pp. 2, 27, 37 (initial and concluded entry)ConcludedExempt
Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 1) 2022 [F2022L00029]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Therapeutic Goods (Permissible Ingredients) Determination (No. 1) 2022 [F2022L00031]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Amendment Determination (No. 1) 2022 [F2022L00041]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Carbon Credits (Carbon Farming Initiative—Tidal Restoration of Blue Carbon Ecosystems) Methodology Determination 2022 [F2022L00046]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

4/22, p. 20 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2022 [F2022L00047]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

4/22, p. 20 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Carbon Credits (Carbon Farming Initiative—Animal Effluent Management) Methodology Determination Variation 2022 [F2022L00053]

Principle (a) compliance with Legislation Act 2003—incorporation

Principle (e) clarity of drafting

Principle (f) incorporated materials freely accessible

n/a

4/22, p. 20 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Biosecurity (Preventative Biosecurity Measures—Incoming International Flights) Determination 2022 [F2022L00058]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Biosecurity (Entry Requirements—Human Coronavirus with Pandemic Potential) Determination 2022 [F2022L00059]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Incoming International Flights) Amendment (No. 1) Determination 2022 [F2022L00060]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Consumer Data Right (Telecommunications Sector) Designation 2022 [F2022L00068]

Principle (e) clarity of drafting

n/a

4/22, p. 21 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 2) 2022 [F2022L00073]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment Rules 2022 [F2022L00076]

Principle (m) parliamentary oversight

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2022 (No. 1) [F2022L00083]

Principle (j) levying of taxes in delegated legislation

Committee's initial and concluded correspondence, p. 10

4/22, pp. 19, 28 (initial and concluded entry)ConcludedDisallowable
Australian Public Service Commissioner's Directions 2022 [F2022L00088]

Principle (c) delegation of administrative powers and functions

Principle (i) availability of independent merits review

Principle (m) legal certainty

n/a

4/22, p. 20 (initial entry)

5/22, p. 83 (concluded listing)

ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Determination (No. 3) 2022 [F2022L00104]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Consular Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Albania and Lithuania) Determination 2022 [F2022L00105]

Principle (d) adequacy of consultation

Principle (k) exemption from sunsetting

n/a

4/22, p. 20 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Albania and Lithuania) Determination 2022 [F2022L00106]

Principle (d) adequacy of consultation

Principle (k) exemption from sunsetting

n/a

4/22, p. 20 (initial entry)

5/22, p. 84 (concluded listing)

ConcludedDisallowable
Telecommunications (Interception and Access) Amendment (International Production Orders) Regulations 2022 [F2022L00111]

Principle (d) adequacy of consultation

Principle (h) procedural fairness

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Military Rehabilitation and Compensation (Special Assistance) Instrument 2022 [F2022L00122]

Principle (i) availability of independent merits review

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension No. 1) Instrument 2022 [F2022L00132]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Amendment of List of Exempt Native Specimens – Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2022 [F2022L00133]

Principle (m) consideration of relevant matters

n/a

4/22, p. 20 (initial entry)

5/22, p. 83 (concluded listing)

ConcludedDisallowable
CASA EX11/22 — The Corryong Paragliding Open and the Not the NZ PG Open Instrument 2022 [F2022L00134]Principle (a) compliance with Legislation Act 2003—incorporationn/a4/22, p. 20 (initial and concluded entry)ConcludedDisallowable
Agricultural and Veterinary Chemicals Code (Agricultural Active Constituents) Standards 2022 [F2022L00137]

Principle (a) compliance with Legislation Act 2003—incorporation

n/a

4/22, p. 20 (initial entry)

5/22, p. 83 (concluded listing)

ConcludedDisallowable
ASIC Corporations (PDS Requirements for General Insurance Quotes) Instrument 2022/66 [F2022L00145]

Principle (l) amendment of the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial and concluded correspondence, p. 8

4/22, pp. 19, 27 (initial and concluded entry)ConcludedDisallowable
Biosecurity (Emergency Requirements—Remote Communities) Amendment (No. 2) Determination 2022 [F2022L00149]

Standing order 23(4A) – exemption from disallowance

Committee's initial and concluded correspondence, p. 1

4/22, pp. 3, 19, 28 (initial and concluded entry)ConcludedExempt
Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 [F2022L00151]

Principle (d) adequacy of consultation

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable
Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022 [F2022L00154]

Principle (a) compliance with authorising legislation

Principle (c) delegation of administrative powers and functions

Principle (h) privacy

n/a

4/22, p. 21 (initial entry)

5/22, p. 86 (concluded listing)

ConcludedDisallowable

July - December 2022

The table below lists all legislative instruments considered by the committee after 1 July 2022.

Instrument name Scrutiny principle Monitor Engagement Status Disallowable or exempt

Financial Sector (Collection of Data) (reporting standard) determination No. 3 of 2022 [F2022L00209]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 4 of 2022 [F2022L00210]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Vehicle Standard (Australian Design Rule 97/00 – Advanced Emergency Braking for Omnibuses, and Medium and Heavy Goods Vehicles) 2022 [F2022L00211]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 9 of 2022 [F2022L00212]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Vehicle Standard (Australian Design Rule 35/07 – Commercial Vehicle Brake Systems) 2022 [F2022L00213]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 10 of 2022 [F2022L00214]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Vehicle Standard (Australian Design Rule 35/06 – Commercial Vehicle Brake Systems) 2018 Amendment 1 [F2022L00215]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 5 of 2022 [F2022L00217]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 1 of 2022 [F2022L00222]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 2 of 2022 [F2022L00223]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2022 [F2022L00225

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 7 of 2022 [F2022L00227]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Sector (Collection of Data) (reporting standard) determination No. 8 of 2022 [F2022L00228]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Safety, Rehabilitation and Compensation (Notional Interest) Determination 2022 [F2022L00233]

(a) compliance with Legislation Act 2003incorporation

 

(f) incorporated materials freely accessible

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Australian Transaction Reports and Analysis Centre Industry Contribution Determination 2022 (No. 1) [F2022L00237]

(d) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Tax Agent Services Regulations 2022 [F2022L00238]

(h) privacy

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 [F2022L00244]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Telecommunications (Infringement Notices) Guidelines 2022 [F2022L00250]

(h) privacy

 

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 [F2022L00270]

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

ASIC Market Integrity Rules (Securities Markets) Amendment 2022/73 [F2022L00292]

(m) legal certainty

5/22 (initial and concluded listing)AgencyConcludedDisallowable

ASIC Market Integrity Rules (Securities Markets and other ASIC-Made Rules) Amendment Instrument 2022/117 [F2022L00295]

(d) consultation with persons affected

 

(h) procedural fairness

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Security of Critical Infrastructure (Definitions) Amendment Rules (LIN 22/021) 2022 [F2022L00306]

(d) consultation on specific instrument

 

(g) adequacy of explanatory materials

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Food Standards (Proposal P1057 – Review of the kava standard) Variation [F2022L00308]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedExempt

Security of Critical Infrastructure (Australian National University) Rules (LIN 22/041) 2022 [F2022L00315]

(d) consultation on specific instrument

 

(g) adequacy of explanatory materials

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022 [F2022L00328]

(l) exemption from the operation of primary legislation

 

(m) parliamentary oversight

5/22 (committee comment)MinisterOngoingDisallowable

Higher Education Support (Student Services, Amenities, Representation and Advocacy) Guidelines 2022 [F2022L00346]

(d) consultation on specific instrument

 

(d) consultation with persons affected

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 1) Regulations 2022 [F2022L00352]

(g) adequacy of explanatory materials

 

(i) availability of judicial review

 

(m) parliamentary oversight

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 1) Regulations 2022 [F2022L00353]

(g) adequacy of explanatory materials

 

(m) parliamentary oversight

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 1) Regulations 2022 [F2022L00357]

(b) constitutional head of legislative power

5/22 (committee comment)MinisterOngoingDisallowable

Financial Framework (Supplementary Powers) Amendment (Education, Skills and Employment Measures No. 2) Regulations 2022 [F2022L00358]

(g) adequacy of explanatory materials

 

(i) availability of judicial review

 

(m) parliamentary oversight

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Framework (Supplementary Powers) Amendment (Foreign Affairs and Trade Measures No. 1) Regulations 2022 [F2022L00359]

(i) availability of judicial review

 

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Child Care Subsidy Amendment (Coronavirus, Local Area Emergencies and Other Measures) Minister’s Rules 2022 [F2022L00376]

(e) clarity of drafting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Accounting Standard AASB 2022-1 Amendments to Australian Accounting Standards – Initial Application of AASB 17 and AASB 9 – Comparative Information [F2022L00398]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Environment Protection and Biodiversity Conservation (Indian Ocean Territories Marine Parks) Proclamation 2022 [F2022L00427]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedExempt

Family Law Legislation Amendment (Superannuation Valuation and Information) Instrument 2022 [F2022L00431]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedExempt

Biosecurity (Exit Requirements) Repeal Determination 2022 [F2022L00433]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Telecommunications (ACCC Inquiry into Access to Regional Towers and Associated Infrastructure) Direction 2022 [F2022L00439]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Health Insurance (Section 3C General Medical Services – General Practice Attendance for Assessing Patient Suitability for a COVID-19 Vaccine) Amendment (Definition of Booster Dose) Determination 2022 [F2022L00452]

(a) compliance with Legislation Act 2003incorporation

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Commonwealth Electoral (COVID Enfranchisement) Regulations 2022 [F2022L00463]

(a) compliance with authorising legislation

 

(h) reverse evidential burden of proof

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Foreign Acquisitions and Takeovers Amendment Regulations 2022 [F2022L00465]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable
Australian Capital Territory National Land (Lakes) Ordinance 2022 [F2022L00468]

(a) compliance with Legislation Act 2003—incorporation

 

(c) conferral of coercive powers

 

(c) conferral of discretionary powers

 

(e) clarity of drafting

 

(h) coercive powers

 

(h) reverse evidential burden of proof

 

(h) reverse legal burden of proof

 

(h) strict liability

 

(h) absolute liability

 

(i) availability of independent merits review

 

(j) significant matters in delegated legislation

 

(j) significant penalties in delegated legislation

 

(m) legal certainty

5/22 (committee comment)MinisterOngoingDisallowable

Australian Capital Territory National Land (Leased) Ordinance 2022 [F2022L00470]

(c) delegation of administrative powers and functions

 

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Competition and Consumer (Industry Codes—Franchising) Amendment (Franchise Disclosure Register) Regulations 2022 [F2022L00471]

(m) parliamentary oversight—tabling documents

5/22 (committee comment)MinisterOngoingDisallowable

Australian Capital Territory National Land (Unleased) Ordinance 2022 [F2022L00472]

(c) delegation of administrative powers and functions

 

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Australian Renewable Energy Agency Amendment (Clean Energy Technologies) Regulations 2022 [F2022L00481]

(a) compliance with authorising legislation

5/22 (committee comment)MinisterConcludedDisallowable

Industry Research and Development (Strengthening Business Program) Instrument 2022 [F2022L00484]

(g) adequacy of explanatory materials

 

(m) parliamentary oversight—time-limited legislation

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 4) Regulations 2022 [F2022L00489]

(g) adequacy of explanatory materials

 

(m) parliamentary oversight

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Notice of Intention to Propose Customs Tariff Alterations (No. 2) 2022 [F2022L00504]

(a) compliance with Legislation Act 2003—retrospective commencement

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Christmas Island Applied Laws Amendment (Heritage) Ordinance 2022 [F2022L00525]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable
Bankruptcy Amendment (Service of Documents) Regulations 2022 [F2022L00528]

(l) modification of the operation of primary legislation

 

(m) parliamentary oversight

5/22 (committee comment)MinisterOngoingDisallowable

Insolvency Practice (Bankruptcy) Amendment Rules 2022 [F2022L00539]

(e) clarity of drafting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Cocos (Keeling) Islands Applied Laws Amendment (Fish Resources Management) Ordinance 2022 [F2022L00542]

(c) conferral of discretionary powers

 

(f) incorporated materials freely accessible

 

(i) availability of independent merits review

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Health Insurance Legislation Amendment (2022 Measures No. 3) Determination 2022 [F2022L00567]

(c) consultation on specific instrument

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Industry Research and Development (Northern Endeavour Temporary Operations Program) Amendment Instrument 2022 [F2022L00569]

(m) disclosure of funding information

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Safety, Rehabilitation and Compensation Directions Amendment Instrument 2022 [F2022L00577]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Social Security (Exempt Lump Sum – ACT Loose-Fill Asbestos Disease Support Scheme Payments) Determination 2022 [F2022L00581]

(a) compliance with Legislation Act 2003consultation

5/22 (initial and concluded listing)AgencyConcludedDisallowable

West Block and the Dugout Heritage Management Plan 2022 [F2022L00620]

(a) compliance with Legislation Act 2003—incorporation

 

(f) incorporated materials freely accessible

5/22 (initial listing)AgencyOngoingDisallowable

ASIC Derivative Transaction Rules (Clearing) Amendment Instrument 2022/224 [F2022L00697]

(a) compliance with Legislation Act 2003—incorporation

 

(f) incorporated materials freely accessible

5/22 (initial listing)AgencyOngoingDisallowable

Accounting Standard AASB 2022-3 Amendments to Australian Accounting Standards – Illustrative Examples for Not-for-Profit Entities accompanying AASB 15 [F2022L00705]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Auditing Standard ASA 600 Special Considerations—Audits of a Group Financial Report (Including the Work of Component Auditors) [F2022L00709]

(k) exemption from sunsetting

5/22 (initial listing)AgencyOngoingDisallowable

Auditing Standard ASA 2022-1 Amendments to Australian Auditing Standards [F2022L00712]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Superannuation (prudential standard) determination No. 1 of 2022 [F2022L00741]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Privacy (Credit Reporting) Code 2014 (Version 2.3) [F2022L00746]

(g) adequacy of explanatory materials

5/22 (initial listing)AgencyOngoingDisallowable

List of CITES Species Amendment (2022/014019) Instrument 2022 [F2022L00760]

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedExempt

Remuneration Tribunal (Members of Parliament) Determination 2022 [F2022L00769]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial listing)AgencyOngoingExempt

Superannuation (CSS) Productivity Contribution (2022-2023) Declaration 2022 [F2022L00791]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Superannuation (PSS) Maximum Benefits (2022-2023) Determination 2022 [F2022L00793]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Superannuation (PSS) Productivity Contribution (2022-2023) Determination 2022 [F2022L00796]

(g) adequacy of explanatory materials

 

(k) exemption from sunsetting

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

National Health (Electronic National Residential Medication Chart Trial) Amendment (Transitional Conformant Software Systems) Special Arrangement 2022 [F2022L00799]

(a) compliance with authorising legislation—manner of incorporation

5/22 (initial listing)AgencyOngoingDisallowable

Taxation Administration Withholding Schedules 2022 [F2022L00819]

(a) compliance with Legislation Act 2003—incorporation

5/22 (initial listing)AgencyOngoingDisallowable

Customs By-law No. 2200082 [F2022L00859]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Customs By-law No. 2200083 [F2022L00860]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Customs By-law No. 2200083 [F2022L00860]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Competition and Consumer (Prices Surveillance—Aeronautical Services to NSW Regional Airlines) Direction 2022 [F2022L00863]

(g) adequacy of explanatory materials

 

Standing order 23(4A) exemption from disallowance

5/22 (initial and concluded listing)AgencyConcludedExempt

Insurance (prudential standard) determination No. 1 of 2022 [F2022L00880]

(a) compliance with Legislation Act 2003—incorporation

 

(g) adequacy of explanatory materials

5/22 (initial listing)AgencyOngoingDisallowable

Insurance (prudential standard) determination No. 2 of 2022 [F2022L00881]

(a) compliance with Legislation Act 2003—incorporation

 

(g) adequacy of explanatory materials

 

(i) availability of independent merits review

5/22 (initial listing)AgencyOngoingDisallowable

Insurance (prudential standard) determination No. 3 of 2022 [F2022L00882]

(g) adequacy of explanatory materials

 

(i) availability of independent merits review

5/22 (initial listing)AgencyOngoingDisallowable

Insurance (prudential standard) determination No. 4 of 2022 [F2022L00883]

(g) adequacy of explanatory materials

 

(i) availability of independent merits review

5/22 (initial listing)AgencyOngoingDisallowable

Veterans' Entitlements (Special Disability Trust—Discretionary Spending) Determination 2022 [F2022L00904]

(e) clarity of drafting

 

(g) adequacy of explanatory materials

5/22 (initial listing)AgencyOngoingDisallowable

Veterans’ Affairs (Treatment Principles – Extend Support Provided Under the Psychiatric Assistance Dog Program) Amendment Determination 2022 [F2022L00921]

(a) compliance with Legislation Act 2003—incorporation

 

(e) drafting error

 

(i) availability of independent merits review

5/22 (initial listing)AgencyOngoingDisallowable

Interactive Gambling (National Self-Exclusion Register) Register Rules 2022 [F2022L00953]

(e) clarity of drafting

5/22 (initial listing)AgencyOngoingDisallowable

Cape Wickham Lighthouse Heritage Management Plan [F2022L00967]

(a) compliance with Legislation Act 2003—incorporation

5/22 (initial listing)AgencyOngoingDisallowable

Notice of Intention to Propose Customs Tariff Alterations (No. 5) 2022 [F2022L00977]

(a) compliance with Legislation Act 2003—retrospective commencement

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Aged Care Legislation Amendment (Palliative Care Classification and Other Measures) Instrument 2022 [F2022L00979]

(h) privacy

5/22 (initial and concluded listing)AgencyConcludedDisallowable

Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Doubling) Regulations 2022 [F2022L00999]

(d) consultation on specific instrument

 

(d) consultation with persons affected

5/22 (initial listing)AgencyOngoingDisallowable

Notice of Intention to Propose Customs Tariff Alterations Notice (No. 6) 2022 [F2022L01001]

(a) compliance with Legislation Act 2003—retrospective commencement

5/22 (initial and concluded listing)AgencyConcludedDisallowable
Australian Renewable Energy Agency Amendment (Powering Australia) Regulations 2022 [F2022L01004]

(a) compliance with authorising legislation

 

(d) consultation with persons affected

5/22 (committee comment)MinisterOngoingDisallowable

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 this Committee

Committee Secretariat contact:

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

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