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.

Instrument name Scrutiny principle Correspondence Monitor Status
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 correspondence1/21, 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 correspondence1/21, 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 correspondence1/21, 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 correspondence1/21, 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 correspondence2/21, p. 19 (initial entry)Ongoing
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 correspondence2/21, p. 19 (initial entry)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 [F2020L01569]Principle (j) matters more appropriate for parliamentary enactment
Principle (e) clarity of drafting
Consolidated correspondence5/21, p. 15 (initial entry)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
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)Ongoing
Biosecurity Amendment (Infringement Notices) Regulations 2020 [F2020L01630]Principle (a) compliance with the Legislation Act 2003 – consultationn/a5/21, p. 17 (initial entry)Ongoing
Migration Amendment (Temporary Graduate Visas) Regulations 2020 [F2020L01639]Principle (d) adequacy of consultationn/a5/21, p. 17 (initial entry)Ongoing
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)Ongoing
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)Ongoing
Radiocommunications (Low Interference Potential Devices) Class Licence Variation 2020 (No. 1) [F2020L01655]Principe (f) access and usen/a5/21, p. 17 (initial entry)Ongoing

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.

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