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.

For instruments registered on the Federal Register of Legislation prior to 1 July 2021 please click the relevant tab below.

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

Instrument name Scrutiny principle Correspondence Monitor Status Disallowable or exempt
Northern Australia Infrastructure Facility Investment Mandate Direction 2021 [F2021L00942]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 26

Minister's response, p. 4

Committee's further correspondence, p. 10

14/21, p. 36 (initial entry)OngoingExempt
Medical and Midwife Indemnity Legislation Amendment (Run-off Claims) Rules 2021 [F2021L00950]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a

14/21, p. 37 (initial entry)

15/21, p. 36 (concluded entry)

ConcludedDisallowable
Higher Education Provider Approval No 2 of 2021 [F2021L00965]

Principle (g) adequacy of explanatory materials

n/a14/21, pp. 37, 45 (initial and concluded entry)ConcludedDisallowable
Industry Research and Development (Regional Decentralisation Agenda—Securing Raw Materials Program) Instrument 2021 [F2021L00973]

Principle (b) constitutional validity

Principle (g) adequacy of explanatory materials

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 38

Minister's response, p. 61

Committee's final correspondence, p. 29

14/21, p. 36 (initial entry)

16/21, p. 34 (concluded entry)

ConcludedDisallowable
Aged Care Legislation Amendment (Care Recipients and Service Staff Vaccination Recording and Reporting) Principles 2021 [F2021L00981]

Principle (h) privacy

n/a14/21, pp. 36, 45 (initial and concluded entry)ConcludedDisallowable
Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 [F2021L01030]

Principle (h) procedural fairness

Committee's initial correspondence, p. 10

Minister's response, p. 66

Committee's final correspondence, p. 31

14/21, p. 37 (initial entry)

16/21, p. 35 (concluded entry)

ConcludedDisallowable
Civil Dispute Resolution Regulations 2021 [F2021L01031]

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 30

Minister's response, p. 57

Committee's final correspondence, p. 27

14/21, p. 35 (initial entry)

16/21, p. 34 (concluded entry)

ConcludedDisallowable
Therapeutic Goods Legislation Amendment (2021 Measures No. 2) Regulations 2021 [F2021L01032]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a14/21, pp. 38, 46 (initial and concluded entry)ConcludedDisallowable
National Vocational Education and Training Regulator (Financial Viability Risk Assessment Requirements) Instrument 2021 [F2021L01040]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (f) incorporated materials freely accessible

n/a14/21, pp. 37, 46 (initial and concluded entry)ConcludedDisallowable
Agricultural and Veterinary Chemicals Code (Conditions of Approval or Registration) Order 2021 [F2021L01044]

Principle (e) clarity of drafting

Principle (g) adequacy of explanatory materials

n/a

14/21, p. 36 (initial entry)

15/21, p. 36 (concluded entry)

ConcludedDisallowable
Biosecurity (Human Coronavirus with Pandemic Potential) Amendment (No. 1) Determination 2021 [F2021L01068]

Standing order 23(4A) – exemption from disallowance

Principle (c) conferral of discretionary powers

Principle (d) adequacy of consultation

Principle (h) freedom of movement

Principle (j) matters for appropriate for parliamentary enactment

Principle (l) modification of the operation of primary legislation

Committee's initial correspondence, p. 16

Minister's response, p. 1 and p. 1

Committee's final correspondence, p. 1

14/21, pp. 14, 35 (initial entry)

16/21, p. 33 (concluded entry)

ConcludedExempt
Financial Sector Reform (Hayne Royal Commission Response—Breach Reporting and Remediation) Regulations 2021 [F2021L01072]

Principle (c) scope of administrative powers

Principle (h) infringement notices

n/a

14/21, p. 37 (initial entry)

15/21, p. 36 (concluded entry)

ConcludedDisallowable
Treasury Laws Amendment (Your Future, Your Super—Addressing Underperformance in Superannuation) Regulations 2021 [F2021L01077]

Principle (c) conferral of discretionary powers

Principle (h) retrospective effect

Principle (i) availability of independent merits review

n/a

14/21, p. 38 (initial entry)

15/21, p. 37 (concluded entry)

ConcludedDisallowable
Financial Sector Reform (Hayne Royal Commission Response) (Hawking of Financial Products) Regulations 2021 [F2021L01080]

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 34

Minister's response, p. 49

Committee's further correspondence, p. 18

14/21, p. 35 (initial entry)OngoingDisallowable
CASA 50/21 – Designation of Airspace for Broadcast Requirements – Locations with Surveillance Flight Information Service [F2021L01100]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a14/21, pp. 36, 45 (initial and concluded entry)ConcludedDisallowable
Defence Determination, Conditions of service Amendment (Miscellaneous amendments) Determination 2021 (No. 16) [F2021L01117]

Principle (g) adequacy of explanatory materials

n/a14/21, pp. 37, 45 (initial and concluded entry)ConcludedDisallowable
Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021 [F2021L01133]

Principle (a) compliance with Legislation Act 2003 – incorporation

Principle (i) availability of independent merits review

n/a15/21, p. 28 (initial entry)OngoingDisallowable
National Health (Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without Prescription during Shortages) Amendment (No. 1) Determination 2021 [F2021L01138]

Principle (a) compliance with Legislation Act 2003 – consultation

n/a15/21, pp. 29, 37 (initial and concluded entry)ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development and Communications Measures No. 4) Regulations 2021 [F2021L01141]

Principle (c) delegation of administrative powers and functions

Principle (m) parliamentary oversight

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 3) Regulations 2021 [F2021L01142]

Principle (c) delegation of administrative powers and functions

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Financial Framework (Supplementary Powers) Amendment (Defence Measures No. 1) Regulations 2021 [F2021L01144]

Principle (c) delegation of administrative powers and functions

Principle (m) disclosure of funding information

n/a15/21, p. 28 (initial entry)OngoingDisallowable
Transport Security Legislation Amendment (Serious Crime) Regulations 2021 [F2021L01145]

Principle (c) conferral of discretionary powers

Principal (h) privacy

Principle (h) reverse evidential burden of proof

Principle (i) availability of independent merits review

n/a15/21, p. 30 (initial entry)OngoingDisallowable
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 4) Regulations 2021 [F2021L01146]

Principle (c) delegation of administrative powers and functions

Principle (m) parliamentary oversight

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Macquarie Island Toothfish Fishery (Total Allowable Catch) Determination 2021 [F2021L01152]

Principle (a) compliance with Legislation Act 2003 – consultation

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Radiocommunications (Unacceptable Levels of Interference – 850/900 MHz Band) Determination 2021 [F2021L01154]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a15/21, pp. 29, 37 (initial and concluded entry)ConcludedDisallowable
Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations 2021 [F2021L01156]

Principle (c) delegation of administrative powers and functions

Principle (g) adequacy of explanatory materials

n/a15/21, p. 28 (initial entry)OngoingDisallowable
Taxation Administration (Data Sharing—Relevant COVID-19 Business Support Program) Declaration 2021 [F2021L01157]

Principle (h) privacy

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 1215/21, p. 27 (initial entry)OngoingDisallowable
Charter of the United Nations Legislation Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01175]

Principle (i) availability of independent merits review

n/a15/21, pp. 28, 36 (initial and concluded entry)ConcludedDisallowable
Defence (Individual Benefits) Determination 2021 (No. 4) [F2021L01180]

Principle (i) availability of independent merits review

n/a15/21, p. 28 (initial entry)OngoingDisallowable
Australian Renewable Energy Agency (General Funding Strategy) Determination 2021 [F2021L01191]

Standing order 23(4A) – exemption from disallowance

Principle (a) compliance with authorising legislation

Committee's initial correspondence, p. 115/21, pp. 3, 27 (initial entry)OngoingExempt
National Health (Weighted average disclosed price – October 2021 reduction day) Amendment Determination 2021 [F2021L01195]

Principle (h) personal rights and liberties

n/a15/21, p. 29 (initial entry)OngoingDisallowable
CASA EX102/21 — DAMP Requirements for Maintenance Organisations Outside Australian Territory Exemption 2021 [F2021L01208]

Principle (h) privacy

n/a15/21, p. 28 (initial entry)OngoingDisallowable
National Health (Pharmaceutical Benefits Scheme-Exempt items - Section 84AH) Amendment Determination 2021 (No. 3) [F2021L01222]

Principle (a) compliance with authorising legislation

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension No. 3) Instrument 2021 [F2021L01232]

Standing order 23(4A) – exemption from disallowance

Committee's initial correspondence, p. 615/21, pp. 7, 27 (initial entry)OngoingExempt
Child Care Subsidy Amendment (Coronavirus Response Measures No. 6) Minister’s Rules 2021 [F2021L01233]

Principle (i) availability of independent merits review

n/a15/21, p. 28 (initial entry)OngoingDisallowable
Aged Care Legislation Amendment (Vaccination Information) Principles 2021 [F2021L01236]

Principle (g) adequacy of explanatory materials

n/a15/21, pp. 28, 36 (initial and concluded entry)ConcludedDisallowable
Taxation Administration (Data Sharing—Relevant COVID-19 Business Support Program) Amendment Declaration (No. 1) 2021 [F2021L01237]

Principle (h) privacy

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

Committee's initial correspondence, p. 1215/21, p. 27 (initial entry)OngoingDisallowable
Transport Safety Investigation Regulations 2021 [F2021L01248]

Principle (a) compliance with Legislation Act 2003 – incorporation

n/a15/21, p. 29 (initial entry)OngoingDisallowable
Sydney Harbour Federation Trust Regulations 2021 [F2021L01255]

Principle (e) clarity of drafting

Principle (h) reverse evidential burden of proof

n/a16/21, p. 26 (initial entry)OngoingDisallowable
Veterans’ Entitlements (Point Cook Firefighters) Determination 2021 [F2021L01265]

Principle (g) adequacy of explanatory materials

n/a16/21, p. 27 (initial entry)OngoingDisallowable
Australian Securities and Investments Commission Amendment (Deferred Sales Model) Regulations 2021 [F2021L01279]

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

n/a16/21, p. 25 (initial entry)OngoingDisallowable
National Health (Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without Prescription during Shortages) Amendment (No. 2) Determination 2021 [F2021L01296]

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

n/a16/21, p. 26 (initial and concluded entry)ConcludedDisallowable
Part 60 Manual of Standards Amendment Instrument 2021 (No. 1) [F2021L01303]

Principle (e) clarity of drafting

Principle (g) adequacy of explanatory materials

n/a16/21, p. 26 (initial and concluded entry)ConcludedDisallowable
Industry Research and Development (Daintree Microgrid Program) Instrument 2021 [F2021L01305]

Principle (d) consultation on specific instrument

n/a16/21, p. 25 (initial entry)OngoingDisallowable
Industry Research and Development (Supporting Critical Transmission Infrastructure Program) Instrument 2021 [F2021L01312]

Principle (m) parliamentary oversight

n/a16/21, p. 26 (initial entry)OngoingDisallowable
Therapeutic Goods Amendment (Therapeutic Goods Advertising Code) Instrument (No. 5) 2021 [F2021L01317]Principle (a) compliance with the Legislation Act 2003—consultationn/a16/21, p. 27 (initial and concluded entry)ConcludedDisallowable
Defence Honours and Awards Appeals Tribunal Procedural Rules 2021 [F2021L01318]

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

n/a16/21, p. 25 (initial and concluded entry)ConcludedDisallowable
Therapeutic Goods (Standard for Human Cell and Tissue Products—Donor Screening Requirements) (TGO 108) Order 2021 [F2021L01326]

Principle (e) clarity of drafting

Principle (h) privacy

n/a16/21, p. 26 (initial entry)OngoingDisallowable
Therapeutic Goods (Standards for Biologicals—General and Specific Requirements) (TGO 109) Order 2021 [F2021L01332]

Principle (a) compliance with Legislation Act 2003— incorporation

Principle (f) incorporated materials freely accessible

Principle (h) privacy

Principle (g) adequacy of explanatory materials

n/a16/21, p. 27 (initial and concluded entry)ConcludedDisallowable
Remuneration Tribunal Amendment Determination (No. 5) 2021 [F2021L01336]

Principle (h) retrospective commencement

n/a16/21, p. 26 (initial and concluded entry)ConcludedDisallowable
CASA EX112/21 — Implementation of DAMPs (Provision of Safety-Sensitive Aviation Activities by Non-DAMP Organisations) Instrument 2021 [F2021L01342]

Principle (h) privacy

n/a16/21, p. 25 (initial and concluded entry)ConcludedDisallowable
Human Services (Centrelink) Regulations 2021 [F2021L01359]

Principle (d) adequacy of consultation

n/a16/21, p. 25 (initial and concluded entry)ConcludedDisallowable
Student Identifiers (VET Exemptions) Instrument 2021 [F2021L01365]

Principle (l) exemption from the operation of primary legislation

Principle (m) parliamentary oversight

n/a16/21, p. 26 (initial and concluded entry)ConcludedDisallowable
Migration Amendment (Australian Agriculture Workers) Regulations 2021 [F2021L01366]

Principle (e) clarity of drafting

n/a16/21, p. 26 (initial entry)OngoingDisallowable
Federal Circuit and Family Court of Australia (Terms and Conditions of Serving Judges) Determination 2021

Principle (a) compliance with Legislation Act 2003 – registration of instrument

n/a

14/21, p. 37 (initial entry)

15/21, p. 36 (concluded entry)

ConcludedDisallowable

About this committee

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

Track Committee

Committee Secretariat contact:

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

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