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.

A - E
Instrument name Scrutiny principle Correspondence Monitor Status
Accounting Standard AASB 2019-8 Amendments to Australian Accounting Standards -- Class of Right-of-Use Assets arising under Concessionary Leases [F2020L00062]
Principle (h) retrospective application n/a 3/20, p. 10 (initial entry)
4/20, p.12 (concluded entry)
Concluded
Accounting Standard AASB 2020-1 Amendments to Australian Accounting Standards – Classification of Liabilities as Current or Non-current [F2020L00283]
Principle (e) unclear drafting
Principle (g) adequacy of explanatory materials
n/a 5/20, p. 8 (initial entry)
6/20, p.14 (concluded entry)
Concluded
Accounting Standard AASB 2020-2 Amendments to Australian Accounting Standards – Removal of Special Purpose Financial Statements for Certain For-Profit Private Sector Entities [F2020L00271] Principle (e) unclear drafting
Principle (g) adequacy of explanatory materials
n/a 5/20, p. 8 (initial entry)
6/20, p.14 (concluded entry)
Concluded
Accounting Standard AASB 1060 General Purpose Financial Statements – Simplified Disclosures for For-Profit and Not-for-Profit Tier 2 Entities [F2020L00288] Principle (e) unclear drafting
Principle (g) adequacy of explanatory materials
n/a 5/20, p. 8 (initial entry)
6/20, p.14 (concluded entry)
Concluded
Aged Care Quality and Safety Commission Amendment (Integration of Functions) Rules 2019 [F2019L01684]
Principle (c) scope of administrative powers
Consolidated correspondence 2/20, p. 11 (initial entry)
4/20, p.11 (concluded entry)
Concluded
Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020 [F2020L00571]
Principle (d) adequacy of consultation
 n/a 7/20, p.14 (initial entry)  Ongoing
ASIC Corporations (Amendment) Instrument 2020/200 [F2020L00239]
Principle (j) exemptions to primary legislation n/a 5/20, p. 8 (initial entry)
6/20, p.14 (concluded entry)
Concluded
ASIC Corporations (Amendment) Instrument 2020/290 [F2020L00376]
Principle (j) exemptions to primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence 6/20, p.9 (initial entry)
8/20, p.15 (concluded entry)
Concluded
ASIC Corporations (Conditional Costs Schemes) Instrument 2020/38 [F2020L00034] Principle (j) exemptions to primary legislation Consolidated correspondence 3/20, p. 9 (initial entry)
5/20, p. 11 (concluded entry)
Concluded
ASIC Corporations (COVID-19—Advice-related Relief) Instrument 2020/355 [F2020L00425]
Principle (j) exemptions to primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence 6/20, p.9 (initial entry)
8/20, p.15 (concluded entry)
Concluded
ASIC Corporations (Deferral of Design and Distribution Obligations) Instrument 2020/486 [F2020L00618]
Principle (j) matters more appropriate for parliamentary enactment
Principle(k) parliamentary oversight
Consolidated correspondence 7/20, p.11 (initial entry) Ongoing
ASIC Corporations (Foreign Financial Services Providers—Foreign AFS Licensees) Instrument 2020/198 [F2020L00237]
Principle (j) exemptions to primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence 5/20, p. 8 (initial entry) Ongoing
ASIC Corporations (Foreign Financial Services Providers—Funds Management Financial Services) Instrument 2020/199 [F2020L00238] Principle (j) exemptions to primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence 5/20, p. 8 (initial entry) Ongoing
ASIC Corporations (Life Risk Insurance and Consumer Credit Insurance) Instrument 2019/839 [F2019L01570]
Principle (g) adequacy of explanatory materials
Principle (j) matters more appropriate for parliamentary enactment
Consolidated correspondence 2/20, p. 13 (initial entry)
4/20, p.11 (concluded entry)
Concluded
ASIC Corporations (Whistleblower Policies) Instrument 2019/1146 [F2019L01457] Principle (d) exemption from primary legislation Consolidated correspondence 10/19, p. 3 (initial entry)
1/20, p.7 (concluded entry)
Concluded
ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487 [F2020L00623]
Principle (j) matters more appropriate for parliamentary enactment
Principle(k) parliamentary oversight
Consolidated correspondence 7/20, p.11 (initial entry) Ongoing
ASIC Credit (Litigation Funding—Exclusion) Instrument 2020/37 [F2020L00035]
Principle (j) exemptions to primary legislation Consolidated correspondence
3/20, p. 9 (initial entry)
5/20, p. 11 (concluded entry)
Concluded
ASIC Corporations (Trading Suspensions Relief) Instrument 2020/289 [F2020L00377]
Principle (j) exemptions to primary legislation
Principle (k) parliamentary oversight
Consolidated correspondence 6/20, p.9 (initial entry)
8/20, p.15 (concluded entry)
Concluded
Auditing Standard ASA 2020-1 Amendments to Australian Auditing Standards [F2020L00252]
Principle (e) unclear drafting
Principle (g) adequacy of explanatory materials
n/a 5/20, p. 8 (initial entry)
6/20, p.14 (concluded entry)
Concluded
AusCheck Legislation Amendment (Major National Events) Regulations 2019 [F2019L01410] Principle (b) procedural fairness n/a 10/19, p.4 (initial entry)
1/20 p.8 (concluded entry)
Concluded
Australian Crime Commission Establishment Regulations 2020 [F2020L00162]
Principle (i) availability of independent review
Consolidated correspondence 4/20, p.10 (initial entry) Ongoing
Australian Postal Corporation (Performance Standards) Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00579]
Principle (d)adequacy of consultation Consolidated correspondence 7/20, p.11 (initial entry) Ongoing
Aviation Transport Security Amendment (Security Controlled Airports) Regulations 2019 [F2019L01656]
Principle (g) adequacy of explanatory materials
Principle (h) privacy
Principle (k) parliamentary oversight
n/a 2/20, p. 13 (initial entry) Ongoing
Biosecurity Amendment (International Mail Fee) Regulations 2020 [F2020L00576]
Principle (d)adequacy of consultation n/a 7/20, p.14 (initial entry) Ongoing
Broadcasting Services (Transmitter Access) Regulations 2019 [F2019L01248]
Principle (b) personal rights and liberties (privilege against self-incrimination)
Principle (d) significant matters in delegated legislation
Consolidated correspondence 8/19, p. 7 (initial entry)
2/20, p. 15 (concluded entry)
Concluded
CASA EX101/19 — Helicopter Aerial Application Endorsements Exemption 2019 [F2019L01132] Principle (d) continuing exemption. Consolidated correspondence 7/19, p.7 (initial entry)
2/20, p. 15 (concluded entry)
Concluded
CASA EX55/20 — Maintenance on Limited Category and Experimental Aircraft Exemption 2020 [F2020L00436] Principle (k) continuing exemptions n/a 6/20, p.14 (initial and concluded entry) Concluded
CASA EX60/20 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2020 [F2020L00616]
Principle (f) incorporation of documents
Principle (i) availability of independent review
n/a 7/20, p.14 (initial entry)
8/20, p.16 (concluded entry)
Concluded
CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020 [F2020L00516] Principle (k) continuing exemption n/a 7/20, p.15 (initial and concluded entry) Concluded
Child Care Subsidy Amendment (Coronavirus Response Measures No. 2) Minister’s Rules 2020 [F2020L00406]
Principle (e) clarity of drafting
Principle (k) parliamentary oversight
Consolidated correspondence 6/20, p.11 (initial entry) Ongoing
Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 [F2019L01621]
Principle (i) availability of independent review
Principle (h) reversal of evidential burden of proof
Principle (h) privacy
n/a 2/20, p. 13 (initial entry)
4/20, p.12 (concluded entry)
Concluded
Competition and Consumer (Industry Codes—Dairy) Regulations 2019 [F2019L01610]
Principle (e) unclear drafting
Principle (j) significant penalties
Principle (k) parliamentary oversight
Consolidated correspondence 2/20, p. 11 (initial entry) Ongoing
Competition and Consumer Amendment (Australian-made Complementary Medicines) Regulations 2019 [F2019L01627] Principle (j) matters more appropriate for parliamentary enactment Consolidated correspondence

2/20, p. 11 (initial entry)
4/20, p.11 (concluded entry)

Concluded
Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]
Principle (j) matters more appropriate for parliamentary enactment
Principle (k) parliamentary oversight
Consolidated correspondence 7/20, p.12 (initial entry) Ongoing
Corporations (Coronavirus Economic Response) Determination (No. 2) 2020 [F2020L00611]
Principle (j) matters more appropriate for parliamentary enactment Consolidated correspondence 7/20, p.15 (initial and concluded entry) Concluded
Corporations Amendment (Design and Distribution Obligations) Regulations 2019 [F2019L01626]
Principle (j) matters more appropriate for parliamentary enactment
Consolidated correspondence 2/20, p. 11 (initial entry)
4/20, p.11 (concluded entry)
Concluded
Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Regulations 2019 [F2019L01397] Principle (a) compliance with authorising legislation
Principle (b) privacy
n/a 10/19, p.4 (initial entry)
1/20, p.8 (concluded entry)
Concluded
Defence Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00120] Principle (h) procedural fairness
Consolidated correspondence 4/20, p.10 (initial entry) Ongoing
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2019 [F2019L01564] Principle (k) automated decision-making
Consolidated correspondence 2/20, p. 11 (initial entry)
6/20, p.13 (concluded entry)
Concluded
Export Control (Tariff Rate Quotas) Order 2019 [F2019L01652] Principle (i) availability of independent review
n/a

2/20, p. 11 (initial entry)
3/20, p. 14 (concluded entry)

Concluded

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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