Matters of interest to the Senate


Senate standing order 23(4) requires the committee to scrutinise each instrument to determine whether the Senate's attention should be drawn to it on the ground that it raises significant issues, or otherwise gives rise to issues that are likely to be of interest to the Senate.

The table below lists the instruments that the committee has drawn to the Senate's attention under standing order 23(4) in 2020, with the exception of instruments specifying Commonwealth expenditure, which are listed here. It includes links to the Delegated legislation monitor in which the committee noted its decision to raise the matter with the Senate.

Instrument name Purpose Committee advised Monitor
Aged Care Legislation Amendment (Aged Care Recipient Classification) Principles 2021 [F2021L00357]The Aged Care Amendment (Classification of Care Recipients) Act 2020 provides the Secretary with the power to classify a care recipient for respite or non respite care, according to the level of care the care recipient needs relative to the needs of other care recipients, in certain circumstances.
The purpose of this instrument is to:  
  • set out legislative provisions relating to the requirement for approved providers to allow delegates of the Secretary access to an aged care service to assess the care needs of care recipients;
  • set out the procedures that the Secretary (or their delegate) must follow to classify a care recipient;
  • set out the classification levels and how a care recipient may be assessed and classified into each class, as well as specifying the circumstances in which a care recipient's care needs are taken to have changed significantly for the purposes of reclassification of a care recipient; andset out the criteria for persons to whom the Secretary's assessment powers may be delegated.
A computer program will be used to assist the Secretary to classify a care recipient into the appropriate class.
Senate Community Affairs Legislation Committee8/21, p. 4
Aged Care Legislation Amendment (Serious Incident Response Scheme) Instrument 2021 [F2021L00222]To prescribe arrangements relating to the Serious Incident Response Scheme for residential aged care, including flexible care delivered in a residential care setting. This includes arrangements relating to an approved provider’s responsibility to manage incidents and take reasonable steps to prevent incidents. The instrument includes arrangements on the implementation and maintenance of incident management systems including the notification and management of reportable incidents by approved providers.To set out an additional alternative decline in turnover test to gain access to the JobKeeper payment where there is not an appropriate relevant comparison period in 2019.Senate Community Affairs Legislation Committee7/21, p. 3
ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986 [F2020L01338]To impose certain conditions on dealing in over-the-counter contracts for difference (CFDs) in relation to retail clients and prohibit providing inducements to retail clients in relation to CFDs.Senate Economics Legislation Committee2/21, p. 9
Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 [F2020L01569]To prescribe matters required or permitted by the Australia's Foreign Relations (State and Territory Arrangements) Act 2020 including exempt arrangements, additional information to be included in the Public Register and information State/Territory entities must include in a notice to the Minister.Senate Foreign Affairs, Defence and Trade Legislation Committee5/21, p. 3
Australian Immunisation Register Amendment (Reporting) Rules 2021 [F2021L00133]To amend the Australian Immunisation Register Rule 2015 to provide that recognised vaccination providers must report specified information relating to all COVID-19 vaccines and all influenza vaccines.Senate Community Affairs Legislation Committee6/21, p. 3
Autonomous Sanctions (Designated and Declared Persons—Former Federal Republic of Yugoslavia) Amendment (Continuation of Effect) Instrument 2020 [F2021L00059]To continue in effect the targeted financial sanctions and travel bans through the designations and declarations of 108 persons on the Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) List 2012.Senate Foreign Affairs, Defence and Trade Legislation Committee6/21, p. 3
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Democratic People’s Republic of Korea) Amendment (No. 1) Instrument 2020 [F2020L01529]To amend the Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) List 2012 to update the information for some of the designated persons and entities. The purpose of a designation is to subject the designated person or entity to targeted financial sanctions.Senate Foreign Affairs, Defence and Trade Legislation Committee3/21, p. 3
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Iran) Amendment (Continuation of Effect) Instrument 2020 [F2021L00058]To continue in effect the targeted financial sanctions and travel bans through the designations and declarations of 23 persons and the designations of 67 entities on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012.Senate Foreign Affairs, Defence and Trade Legislation Committee6/21, p. 3
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Libya) Amendment (Continuation of Effect) Instrument 2020 [F2021L00050]To continue in effect the targeted financial sanctions and travel bans through the designations and declarations of 17 persons and the designations of eight entities on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) List 2012.Senate Foreign Affairs, Defence and Trade Legislation Committee6/21, p. 4
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Syria and Proliferation of Weapons of Mass Destruction) Amendment (Continuation of Effect) Instrument 2020 [F2021L00066]To continue in effect the targeted financial sanctions and travel bans through the designations and declarations of 88 persons and the designations of 28 entities on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria and Proliferation of Weapons of Mass Destruction) List 2012.Senate Foreign Affairs, Defence and Trade Legislation Committee6/21, p. 4
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Ukraine) Amendment (No. 1) Instrument 2021 [F2021L00366]To amend the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Ukraine) List 2014 to designate one person and four entities for targeted financial sanctions, and declare the person for the purposes of a travel ban.n/a8/21, p. 4
Autonomous Sanctions (Designated Persons and Entities and Declared Persons—Zimbabwe) Amendment (Continuation of Effect) Instrument 2020 [F2021L00051]To continue in effect the designations and declarations of 5 persons and 1 entity on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012 (2012 List); and to remove two items from the 2012 List that relate to two persons who are now deceased.Senate Foreign Affairs, Defence and Trade Legislation Committee6/21, p. 4
Child Care Subsidy Amendment (Coronavirus Response Measures No. 7) Minister's Rules 2020 [F2020L01276]To extend the relaxation of the Child Care Subsidy activity test to help individuals impacted by COVID-19 to get back into their workforce participation activities, and to increase the cap on the appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999 for payments under the Community Child Care Fund Special Circumstances Grant Opportunity program for the 2020-2021 financial year from $623 million to $949 million.Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19
1/21, p. 3
Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2020 [F2020L01634]To give effect to measures supporting child care providers and families in response to the COVID-19 pandemic and strengthen compliance.Senate Education and Employment Legislation Committee5/21, p. 3
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 3) 2020 [F2020L01688]To amend the Competition and Consumer (Consumer Data Right) Rules 2020 to expand the functionality of the Consumer Data Right regime, in line with the recommendations of the Open Banking Review.Senate Economics Legislation Committee6/21, p. 4
Coronavirus Economic Response Package (Payments and Benefits) Alternative Decline in Turnover Test Amendment Rules 2020 [F2020L01295]To set out an additional alternative decline in turnover test to gain access to the JobKeeper payment where there is not an appropriate relevant comparison period in 2019.Senate Economics Legislation Committee

Senate Select Committee on COVID-19
1/21, p. 3
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 9) 2020 [F2020L01534]

To establish the JobMaker scheme and specify details about the scheme, including:

  • the start and end date of the scheme;
  • when an employer or business is entitled to a payment;
  • the amount and timing of a payment; and
  • other matters relevant to the administration of the payment.
Senate Economics Legislation Committee3/21, p. 3
Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020 [F2020L01654]To amend the Corporations Regulations 2001 and the Corporations (Fees) Regulations 2001 to enable the debt restructuring and simplified liquidation regimes established by the Corporations Amendment (Corporate Insolvency Reforms) Act 2020, including modification of certain fees and consequential amendments.Senate Economics Legislation Committee5/21, p. 3
Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2020 [F2020L01672]To specify a method for working out the amount payable by all non-exempt Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) registered providers for the risk rated premium and special tuition protection components of the Tuition Protection Service levy.n/a6/21, p. 4
Electoral and Referendum Amendment (AUSTRAC) Regulations 2020 [F2020L01666]To provide that AUSTRAC may use electoral roll data for intelligence and regulatory functions relating to the Anti-Money Laundering and Counter-Terrorism Financing regime.Senate Finance and Public Administration Legislation Committee6/21, p. 4
Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 [F2020L01416]To increase the Federal Circuit Court application fee for migration litigants from $690 to $3,330, and introduce a partial fee exemption which allows individuals to pay a reduced application fee of $1,665 where paying the full fee would cause financial hardship.Senate Legal and Constitutional Affairs Legislation Committee2/21, p. 9
Financial Sector Reform (Hayne Royal Commission Response) (2021 Measures No. 1) Regulations 2021 [F2021L00127]To amend the Insurance Contracts Regulations 2017 to remove the concept of eligible contracts of insurance. It also amends the Corporations Regulations 2001 to make handling an insurance claim a ‘financial service’ under the Corporations Act 2001.Senate Economics Legislation Committee6/21, p. 5
Fisheries Levy (Torres Strait Prawn Fishery) Amendment (Levy Amount) Regulations 2020 [F2020L01619]To decrease the levy amount applicable to licences and units held in the Torres Strait Prawn Fishery.n/a5/21, p. 4
Fishing Levy Amendment (2020-2021 Levy Amounts) Regulations 2020 [F2020L01542]To set the amounts of levy payable in respect of fishing concessions for the purpose of section 6 of the Fishing Levy Act 1991 and set the levy amounts for the 15 Commonwealth fisheries that have leviable concessions.n/a3/21, p. 4
Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 [F2020L01648]To set out the fees payable for particular actions or notices given or issued under the Foreign Acquisitions and Takeovers Act 1975.Senate Economics Legislation Committee5/21, p. 4
Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 [F2020L01568]To amend the Foreign Acquisitions and Takeovers Regulation 2015 to give further effect to the foreign investment reforms, including building upon the new national security test, strengthening the integrity of the foreign investment framework, making a number of technical changes, reintroducing the monetary thresholds, and streamlining the processing of less sensitive types of investment.Senate Economics Legislation Committee5/21, p. 4
Greenhouse and Energy Minimum Standards (Registration Fees) Instrument (No. 2) 2020 [F2021L00039]To set out the fees payable in relation to applications under section 41 of the Greenhouse and Energy Minimum Standards Act 2012 to register models of Greenhouse and Energy Minimum Standards products.n/a6/21, p. 5
Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Amendment Rules 2020 [F2020L01429]To increase the monetary threshold for annual turnover from $50 million to $120 million so that an entity is defined for the purposes of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020 to be an 'SME entity' if the entity has an annual turnover of less than $120 million.Senate Economics Legislation Committee

Senate Select Committee on COVID-19
2/21, p. 9
Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Amendment Rules 2021 [F2021L00320]To amend the definition of 'SME entity' for the purposes of which businesses will be eligible to apply for loans under the SME Recovery Loan Scheme. The amendments mean that the definition of a small to medium entity includes entities whose annual turnover is likely to be less than $250 million in the current financial year or where the entity's annual turnover was less than $250 million in one of the previous two financial years.
This is the second time the turnover limit for the SME Recovery Loan Scheme has been increased. The original turnover limit, in force from April to November 2020, was $50 million. From November 2020 until the making of this instrument in March 2021 the turnover limit was $120 million.
Senate Select Committee on COVID-19

Senate Economics Legislation Committee
8/21, p. 5
Law Enforcement Integrity Commissioner Amendment (Law Enforcement Agencies) Regulations 2020 [F2020L01506]To expand the jurisdiction of the Australian Commission for Law Enforcement Integrity to include four additional Commonwealth government agencies - the Australian Competition and Consumer Commission, Australian Prudential Regulation Authority, Australian Securities and Investments Commission, and Australian Taxation Office.Senate Legal and Constitutional Affairs Legislation Committee

Joint Committee on the Australian Commission for Law Enforcement Integrity
3/21, p. 4
Migration Amendment (Biosecurity Contraventions) Regulations 2020 [F2020L01488]To prescribe additional visa subclasses that may be cancelled if the visa holder is in Australia, and has not been immigration cleared, and a decision-maker (a delegate of the minister) reasonably believes that the visa holder has contravened subsection 126(2), 128(2), 532(1) or 533(1) of the Biosecurity Act 2015. The regulations give decision-makers a discretion to cancel temporary work visas and student visas at the point of arrival in cases where there has been an attempt to deceive a Biosecurity officer about the presence of prohibited items in the person’s luggage or possessions.Senate Legal and Constitutional Affairs Legislation Committee3/21, p. 4
Narcotic Drugs (Licence Charges) Amendment (Cannabis-Related Manufacture Licences) Regulations 2020 [F2020L01327]To amend the narcotic drugs license charges regime to extend cost recovery to cannabis-related manufacture licences and allow for the classification of such licences as non-commercial.n/a2/21, p. 10
National Consumer Credit Protection Amendment (Responsible Lending Obligations) Regulations 2020 [F2020L01277]To make a targeted adjustment to the regulatory settings pertaining to the responsible lending obligations contained in the National Consumer Credit Protection Act 2009.Senate Economics Legislation Committee

Senate Select Committee on COVID-19
1/21, p. 4
Other Grants Guidelines (Research) Amendment (No. 2) 2020 [F2020L01437]To provide for an additional $1 billion in Research Support Program funding in response to the impacts of the COVID-19 pandemic on the Australian university sector and to recognise and fund the Australian Academy of Health and Medical Sciences under the Higher Education Research promotion scheme.Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19
2/21, p. 10
Payment Times Reporting Rules 2020 [F2020L01472]To set out details of the Payment Times Reporting Scheme (the Scheme) as established by the Payment Times Reporting Act 2020. Under the Scheme, large businesses who meet the income threshold of over $100 million in annual total income will be required to publicly report on the payment terms and practices for their small business suppliers.Senate Education and Employment Legislation Committee3/21, p. 4
Primary Industries (Customs) Charges Amendment (Dairy Cattle) Regulations 2020 [F2020L01530]To prescribe the amount of the charge per head on the export of dairy cattle.n/a3/21, p. 5
Primary Industries (Customs) Charges Amendment (Farmed Prawns and Macadamias) Regulations 2020 [F2020L01539]To decrease the Emergency Plant Pest Response charge on macadamia nuts from 0.2 cents per kilogram of dried kernels of macadamia nut to nil, and decrease, for one year, the white spot disease repayment charge on farmed prawns from 3.01 cents per kilogram of farmed prawns, before reverting to 3.01 cents per kilogram on 1 January 2022.n/a3/21, p. 5
Primary Industries (Excise) Levies Amendment (Dried Fruits, Farmed Prawns, Forest Growers and Macadamias) Regulations 2020 [F2020L01540]To impose a Plant Health Australia levy on dried vine fruits at $1.00 per tonne, decrease the Emergency Plant Pest Response (EPPR) levy on plantation logs from 0.5 cents per cubic metre of the log to nil, decrease the EPPR levy on macadamia nuts from 0.2 cents per kilogram to nil, and decrease, for one year, the white spot disease repayment levy on farmed prawns from 3.01 cents per kilogram of farmed prawns, before reverting to 3.01 cents per kilogram on 1 January 2022.n/a3/21, p. 5
Public Governance, Performance and Accountability Amendment (Office of the Special Investigator) Rules 2020 [F2020L01669]

To amend the Public Governance, Performance and Accountability Rule 2014 to list the Office of the Special Investigator as a listed entity for the purposes of the finance law as defined by the Public Governance, Performance and Accountability Act 2013. The Office of the Special Investigator will have responsibility for:

  • reviewing findings of the Inspector-General of the Australian Defence Force Afghanistan Inquiry;
  • working with the Australian Federal Police to investigate the commission of criminal offences under Australian law arising from or related to any breaches of the laws of armed conflict by members of the Australian Defence Force in Afghanistan from 2005 to 2016; and
  • developing briefs of evidence in respect of any offences that are established, for referral to the Director of Public Prosecutions.
Senate Finance and Public Administration Legislation Committee6/21, p. 5
Radiocommunications (Receiver Licence Tax) Amendment Determination 2021 (No. 1) [F2021L00086]To set out the fees payable for receiver licences under the Radiocommunications (Receiver Licence Tax) Determination 2015.n/a6/21, p. 6
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2020 (No. 3) [F2020L01337]To set the rate of taxes for transmitter licences.n/a2/21, p. 10
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2021 (No.1) [F2021L00088]To set out the fees payable for transmitter licences under the Radiocommunications (Transmitter Licence Tax) Determination 2015.n/a6/21, p. 6
Social Security (Parenting payment participation requirements – class of persons) Instrument 2021 [F2021L00064]To remove and replace the Intensive and Targeted Streams of ParentsNext with a single specified class of persons. The effect of the instrument is that Parenting Payment recipients in this class of persons may be required to meet the participation requirements in section 500A of the Social Security Act 1991, unless an exemption applies.Senate Community Affairs Legislation Committee

Senate Education and Employment Legislation Committee
6/21, p. 6
Sport Integrity Australia Amendment (World Anti-Doping Code Review) Regulations 2020 [F2020L01679]To implement consequential amendments from the Sport Integrity Australia Amendment (World Anti-Doping Code Review) Act 2020 and other amendments to reflect the 2021 revisions to the World Anti-Doping Code.Senate Community Affairs Legislation Committee6/21, p. 6
Therapeutic Goods (Excluded Goods) Amendment (Vaping Devices) Determination 2021 [F2021L00112]To amend the Therapeutic Goods (Excluded Goods) Determination 2018 to exclude certain vaping devices from the operation of the Therapeutic Goods Act 1989; clarifying that the only vaping devices regulated as therapeutic goods in Australia are those devices intended by their supplier to be used exclusively for the vaporisation and administration of a medicine, including vaporiser nicotine.Senate Community Affairs Legislation Committee6/21, p. 6

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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