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 correspondence for the instrument and to the Delegated legislation monitor in which the committee noted its decision to raise the matter with the Senate.

Instrument name Purpose Committee advised Date Monitor
Aged Care Legislation Amendment (Subsidies—COVID-19 Support) Instrument 2020 [F2020L00615]To prescribe a COVID-19 support supplement which is payable to approved providers of residential care and flexible care. The $205 million funding package is aimed at covering the additional costs of caring for the health and wellbeing of aged care recipients during the COVID-19 pandemic.Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19
11/06/20207/20,
p.3
ASIC Corporations (Conditional Costs Schemes) Instrument 2020/38 [F2020L00034]To continue to enable the temporary operation of a proof of debt funding scheme by extending exemptions for proof of debt funding arrangements from certain requirements in the National Consumer Credit Protection Act 2009.Joint Standing Committee on Corporations and Financial Services23/04/20205/20,
p.3
ASIC Corporations (Deferral of Design and Distribution Obligations) Instrument 2020/486 [F2020L00618]To defer the commencement of new design and distribution obligations by six months so that they will now apply from 5 October 2021 (rather than 5 April 2021). The design and distribution obligations are intended to assist consumers to obtain appropriate financial products by requiring issuers and distributors to have a customer-centric approach to designing, marketing and distributing financial products.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.3
ASIC Credit (Deferral of Mortgage Broker Obligations) Instrument 2020/487 [F2020L00623]To defer the commencement of new mortgage broker obligations by six months so that they will now apply from 1 January 2021 (rather than 1 July 2020). The new mortgage broker obligations include a duty to act in the best interests of the consumer in relation to credit assistance, a requirement to prioritise consumers’ interests when providing credit assistance, and a ban on conflicted remuneration.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.3
ASIC Credit (Litigation Funding—Exclusion) Instrument 2020/37 [F2020L00035]To continue to enable the temporary operation of a litigation funding scheme by extending exemptions for litigation funding arrangements from certain requirements in the Corporations Act 2000.Joint Standing Committee on Corporations and Financial Services23/04/20205/20
p.3
Census and Statistics Amendment (Statistical Information) Regulations 2020 [F2020L00109]The instrument inserts two additional topics into the Census and Statistics Regulation 2016: service in the Australian Defence Force and health conditions diagnosed by a doctor or a nurse. These amendments require the Australian Statistician to collect statistical information about these topics in the 2021 census.

Senate Economics Legislation Committee

03/04/20204/20,
p.3
Child Care Subsidy Amendment (Coronavirus Response Measures No. 4) Minister's Rules 2020 [F2020L00802]To amend the Child Care Subsidy Minister’s Rules 2017 to introduce a number of new measures to support approved child care providers and individuals with children in care during the COVID-19 pandemic.

Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19

02/09/202010/20,
p.15
Child Care Subsidy Amendment (Coronavirus Response Measures No. 5) Minister’s Rules 2020 [F2020L00930]To amend the Child Care Subsidy Minister’s Rules 2017 to support approved child care providers and individuals with children in care by adding a rule that permits approved providers to waive their fees for child care services in areas subject to Stage 3 or higher “stay at home” restrictions in response to the COVID-19 pandemic.

Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19

02/09/202010/20,
p.15
Competition and Consumer (Industry Codes—Dairy) Regulations 2019 [F2019L01610]To establish a mandatory Dairy Code of Conduct that sets out a regulatory scheme for enforceable minimum standards of conduct for business practices between dairy farmers and processors of milk.

Senate Rural and Regional Affairs and Transport Legislation Committee

13/02/20202/20,
p.3
Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]To extend the end date for the Cashless Debit Card trial in all existing sites and income management in the Cape York region from 30 June 2020 to 31 December 2020.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Coronavirus Economic Response Package (Payments and Benefits) Alternative Decline in Turnover Test Rules 2020 [F2020L00461]To give certain entities or classes of entities an alternative basis on which they may satisfy the decline in turnover test to be eligible for JobKeeper payments.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 2) 2020 [F2020L00546]To amend the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 to adjust some elements of the scheme, and expand access to the scheme in some areas.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 3) 2020 [F2020L00605]To amend the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 to provide that the 6 month turnover test period applying to universities is limited to only those universities that are Table A providers within the meaning of Higher Education Support Act 2003. Table B providers will be permitted to assess their eligibility based on a monthly or quarterly test period similar to other entities.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 5) 2020 [F2020L00884]To amend the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 so that approved child care providers are not entitled to JobKeeper payments for certain employees or for a business participant following the government's decision to extend separate support to the child care sector.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

02/09/202010/20,
p.15
Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 [F2020L00419]To establish the JobKeeper payment to assist employers affected by the Coronavirus to allow them to continue to retain their employees.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.3
Corporations (Coronavirus Economic Response) Determination (No. 2) 2020 [F2020L00611]To modify the operation of certain civil penalty provisions in the Corporations Act 2001 to establish a temporary test based on a disclosing entity or its officers’ knowledge, recklessness or negligence with respect to whether certain information would have a material effect on the price or value of its enhanced disclosure securities and therefore should be disclosed.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 [F2020L00432]To amend the Fair Work Regulations 2009 to temporarily modify one of the conditions of which the Fair Work Commission must be satisfied before approving a variation to an enterprise agreement. The instrument shortens the minimum period in which employees must be able to access the proposed variation before voting from seven calendar days to one calendar day.

Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.3
Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020 [F2020L00435]To amend the Foreign Acquisitions and Takeovers Regulation 2015 to reduce the monetary value thresholds for particular significant actions and notifiable actions to nil. This requires a greater number of investments by foreign persons in Australia to be notified to the Treasurer for review to ensure they are not contrary to the national interest.

Senate Education and Employment Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.3
Future Drought Fund (Drought Resilience Funding Plan 2020 to 2024) Determination 2020 [F2020L00117]The instrument sets out the vision, aims, objectives, funding principles and strategic priorities for the $3.9 billion Future Drought Fund.

Senate Rural and Regional Affairs and Transport Legislation Committee

03/04/20204/20,
p.3
Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Rules 2020 [F2020L00413]To define the term ‘SME entity’ for the purposes of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020. The Act is intended to help ensure credit continues to flow to SME entities so that they can meet their immediate financing needs during the uncertain economic conditions caused by COVID-19.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.4
Health Insurance (Extended Medicare Safety Net) Amendment Determination 2020 [F2020L00166]

The instrument:

  • provides that an Extended Medicare Safety Net benefit cap of 15 per cent of the schedule fee will apply to the insertion of micro-bypass glaucoma surgery devices in the eye; and
  • removes 22 Medical Benefits Schedule mirror items related to diagnostic imaging services performed on older/aged equipment.
n/a05/03/20204/20,
p.3
Narcotic Drugs (Licence Charges) Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00901]
To amend the Narcotic Drugs (Licence Charges) Regulation 2016 to update licence charges for medicinal cannabis and cannabis research licences.

n/a

02/09/202010/20,
p.16
National Consumer Credit Protection Amendment (Coronavirus Economic Response Package) Regulations 2020 [F2020L00386]To temporarily exempt Australian credit licensees from responsible lending obligations. The exemption operates in limited situations where a consumer obtains credit under a credit contract or goods under a consumer lease for purposes that include a purpose of a small business operated by the consumer.

Senate Economics Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.4
National Health Security (National Notifiable Disease List) Amendment Instrument 2020 [F2020L00111]

The instrument temporarily adds 'human coronavirus with pandemic potential' to the National Notifiable Disease List which requires state and territory governments to notify the Commonwealth government of cases of the disease.

n/a02/04/20204/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 1) Determination 2020 [F2020L00310]

To modify the:

  • Social Security Act 1991 to enable recipients of Youth Allowance who are undertaking full-time study or are new apprentices to receive the COVID-19 supplement, and ensure that claimants for parenting payment and Austudy can qualify for payment where they do not meet specified requirements; and
  • Social Security (Administration) Act 1999 to enable people who tried to make contact with Services Australia during a prescribed period to be taken to have lodged a claim on 23 March 2020 or the date of eligibility, if later, if they complete a claim by 19 April 2020.
Senate Select Committee on COVID-1923/04/20205/20,
p.4
National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 1) Rules 2020 [F2020L00096]To amend the National Redress Scheme for Institutional Child Sexual Abuse Rules 2018 to exclude three New South Wales independent schools from the definition of ‘state institution’ under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.Joint Select Committee on Implementation of the National Redress Scheme23/04/20205/20,
p.3
Paid Parental Leave Amendment (Flexibility Measures) Rules 2020 [F2020L00837]To amend the Paid Parental Leave Rules 2010 to set out the eligibility criteria for parental leave pay for days in a person’s initial continuous 12 week paid parental leave period and for a person’s flexible paid parental leave days.

Senate Community Affairs Legislation Committee

02/09/202010/20,
p.16
Public Governance, Performance and Accountability Amendment (Grant Rules for Corporate Commonwealth Entities) Rules 2020 [F2020L00923]To amend the Public Governance, Performance and Accountability Rule 2014 to prescribe mandatory advising, decision-making and reporting requirements that apply when a minister is involved in the making of a corporate Commonwealth entity grant. The instrument implements recommendation no. 4 of the 2019-20 Auditor-General Report No. 23: Award of Funding under the Community Sport Infrastructure Program.

Senate Finance and Public Administration Legislation Committee

Senate Select Committee on Administration of Sports Grants

02/09/202010/20,
p.16
Radiocommunications (Receiver Licence Tax) Amendment Determination 2020 (No. 2) [F2020L00653]To amend the Radiocommunications (Receiver Licence Tax) Determination 2015, to set the taxes for receiver licences.

n/a

27/08/20209/20,
p.21
Radiocommunications (Transmitter Licence Tax) Amendment Determination 2020 (No. 2) [F2020L00652]To amend the Radiocommunications (Transmitter Licence Tax) Determination 2015 to set the taxes for transmitter licences.

n/a

27/08/20209/20,
p.21
Social Security (Coronavirus Economic Response—2020 Measures No. 2) Determination 2020 [F2020L00311]

To specify the criteria a person must meet in order to qualify for youth allowance, jobseeker payment or crisis payment under the Social Security Act 1991 in circumstances relating to COVID-19, and provides for recipients of Austudy payment to receive the COVID-19 supplement.

Senate Select Committee on COVID-1923/04/20205/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 3) Determination 2020 [F2020L00338]To temporarily modify the Social Security Act 1991 in respect of the rates of payment paid to people who only qualify for a social security payment on 25 March 2020 because of the temporary modifications made to the Social Security Act relating to COVID-19. The first instalment of such a person’s payment will include an additional amount that represents two days’ worth of their daily rate of payment.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 4) Determination 2020 [F2020L00474]To modify the Social Security Act 1991 in relation to the partner income reduction rate for jobseeker payment by reducing it from 60 per cent to 25 per cent of the person’s partner income excess.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 5) Determination 2020 [F2020L00509]To modify the Social Security (Administration) Act 1999 to facilitate the provision of information (including tax file number information) by the Commissioner of Taxation to the Secretary of the Department of Social Services in matters related to the administration of the JobKeeper payment.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.5
Social Security (Coronavirus Economic Response—2020 Measures No. 6) Determination 2020 [F2020L00475]To provide for recipients of widow allowance, partner allowance and special benefit under the Social Security Act 1991 to receive the COVID-19 supplement from 27 April 2020.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.5
Social Security (Coronavirus Economic Response—2020 Measures No. 7) Determination 2020 [F2020L00545]To vary the Social Security Act 1991 to remove the liquid assets test waiting period and seasonal work preclusion period for social security claimants who had already served a part of such period prior to 25 March 2020, and for people who claim during certain specified periods.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

11/06/20207/20,
p.5
Social Security (Coronavirus Economic Response—2020 Measures No. 8) Determination 2020 [F2020L00428]To temporarily modify the Social Security Act 1991 in relation to when a person is regarded as a ‘member of a couple’ for the purposes of jobseeker payment.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 9) Determination 2020 [F2020L00440]To give people who attempt to contact or actually contact Services Australia between 23 March and 29 March 2020 until 8 May 2020 to complete their social security payment claim and have their payment backdated to 23 March 2020 (or the day they qualify for payment if this is a later day). The instrument also ensures that people who contact Services Australia between 30 March 2020 and 21 April 2020 will have until 8 May 2020 to complete their claim and have their payment backdated to the date they make contact (or the day they qualify for payment if this is a later day).

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

21/05/20206/20,
p.4
Social Security (Coronavirus Economic Response—2020 Measures No. 10) Determination 2020 [F2020L00690]To temporarily modify the Social Security Act 1991 to implement measures related to carer payment and carer allowance, former recipients of wife pension, mobility allowance, and pension portability, to prevent detriment to social security recipients resulting from the impacts of COVID-19.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

27/08/20209/20,
p.21
Social Security (Coronavirus Economic Response—2020 Measures No. 11) Determination 2020 [F2020L00765]To modify provisions of the Social Security Act 1991 and the Social Security (Administration) Act 1999 to extend qualification for income support payments and concessions, where a recipient would otherwise cease to qualify due to a change in their or their partner’s employment income.

Senate Community Affairs Legislation Committee

Senate Select Committee on COVID-19

02/09/202010/20,
p.16

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