16 February 2023
PDF Version [1422KB]
Scanlon Williams and Daniel Greiss
Law and Bills Digest Section
Contents
Agriculture, Fisheries and Forestry
Attorney-General’s
Climate Change, Energy, the
Environment and Water
Defence
Education
Employment and Workplace Relations
Finance
Foreign Affairs and Trade
Health and Aged Care
Home Affairs
Industry, Science and Resources
Infrastructure, Transport, Regional
Development, Communications and the Arts
Prime Minister and Cabinet
Social Services
Treasury
Veterans’ Affairs
Agriculture, Fisheries and
Forestry
Agricultural and Veterinary Chemicals Code Amendment
(Cost Recovery and Other Measures) Regulations 2022 [F2022L01617]
What it does:
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Other Details:
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The instrument amends the Agricultural and
Veterinary Chemicals Code Regulations 1995 to give effect to changes in
the Cost Recovery Implementation Statement (CRIS) of the Australian
Pesticides and Veterinary Medicines Authority (APVMA), including to adjust
certain fees.
Agvet chemicals
are regulated through a cooperative ‘National Registration Scheme for
Agricultural and Veterinary Chemicals’ (the NRS). The NRS is a partnership
between the Commonwealth and the states and territories, with an agreed
division of responsibilities. The operations of the APVMA are funded almost
entirely through cost-recovery via fees and levies from industry.
The CRIS
for the period between 1February 2023 and 30June2025
outlines how the APVMA will implement cost recovery arrangements relating to
the agency fulfilling its statutory function to ensure that agvet chemicals
sold within Australia are safe and effective and do not unduly prejudice
trade.
See the Explanatory
Statement for
the instrument for further information.
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Registered on Federal Register of Legislation: 9
December 2022 [F2022L01617]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 February 2023
Made under: section
6 of the Agricultural
and Veterinary Chemicals Code Act 1994
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources: none identified
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Biosecurity Charges Imposition (Customs) Amendment
(2022 Measures No. 1) Regulations 2022 [F2022L01619]
What it does:
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Other Details:
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The instrument amends the Biosecurity Charges
Imposition (Customs) Regulation 2016 to increase an existing charge in
relation to goods that are the subject of an import declaration and that have
been brought into Australian territory on a vessel. This charge is a duty of
customs within the meaning of section 55 of the Constitution.
The charge is increased to support the partial cost
recovery from industry, consistent with the Australian Government Charging
Framework, of $96.9 million funding over four years from 2021-22 to manage
the biosecurity risk posed by hitchhiker pests arriving in imported cargo.
See the Explanatory
Statement for the instrument for further information.
See also Biosecurity Charges Imposition (General) Amendment
(2022 Measures No. 1) Regulations 2022 [F2022L01618], discussed below.
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Registered on Federal Register of Legislation: 9
December 2022 [F2022L01619]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 16 January 2023
Made under: section
12 of the Biosecurity
Charges Imposition (Customs) Act 2015
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Biosecurity Charges Imposition (General) Amendment
(2022 Measures No. 1) Regulations 2022 [F2022L01618]
What it does:
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Other Details:
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The instrument amends the Biosecurity Charges
Imposition (General) Regulation 2016 to increase an existing charge in
relation to goods that are the subject of an import declaration and that have
been brought into Australian territory on a vessel. This charge is neither a
duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.
The charge is increased to support the partial cost
recovery from industry, consistent with the Australian Government Charging
Framework, of $96.9 million funding over four years from 2021-22 to manage
the biosecurity risk posed by hitchhiker pests arriving in imported cargo.
See the Explanatory
Statement for the instrument for further information.
See also Biosecurity Charges Imposition (Customs) Amendment
(2022 Measures No. 1) Regulations 2022 [F2022L01619], discussed above.
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Registered on Federal Register of Legislation: 9
December 2022 [F2022L01618]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 16 January 2023
Made under: section
12 of the Biosecurity
Charges Imposition (General) Act 2015
Regulation Impact Statement: not required (See page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Attorney-General’s
Family Law (Child Abduction
Convention) Amendment (Family Violence) Regulations 2022 [F2022L01611]
What it does:
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Other Details:
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The instrument amends the Family Law (Child
Abduction Convention) Regulations 1986 (thePrincipal Regulations) to
clarify the operation of the Convention on the Civil Aspects of
International Child Abduction (theConvention) in Australia.
Specifically, the instrument:
- clarifies
that court consideration of the ‘grave risk defence’ in paragraph
16(3)(b) of the Principal Regulations can include consideration of any
risk that the child would be subjected or exposed to family violence,
regardless of whether the court is satisfied that family violence has
occurred, will occur or is likely to occur
- clarifies
that the court can include conditions on a return order for the purposes of
reducing a risk under paragraph 16(3)(b) of the Principal Regulations (being
a grave risk that the return of the child would expose the child to physical
or psychological harm or otherwise place the child in an intolerable
situation), regardless of whether the court considers that the risk will
eventuate, is likely to eventuate or has eventuated in the past
- adds
a non-exhaustive list of considerations that the court may have regard to
when considering whether to include a condition in a return order or other
order made to give effect to the Convention. These considerations include
whether:
- compliance
with the proposed conditions will be reasonably practicable
- the
condition is proportionate
- the
condition would be enforceable in the jurisdiction/s in which it would apply
- requires
that where the court is considering whether to refuse to make a return order
on the basis of the grave risk defence, and a party to the proceedings raises
a condition that could be included for the purpose of reducing a paragraph
16(3)(b) risk, that the court must consider whether it is appropriate to
include the condition.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 9December
2022 [F2022L01611]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Attorney-General's
Commencement: 10 December 2022
Made under: section
111B and subsection125(1)
of the Family
Law Act 1975
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
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Federal Circuit and Family Court of Australia
(Division 2) (Family Law) Amendment (Costs) Rules 2022 [F2022L01585]
What it does:
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Other Details:
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The instrument amends the Federal Circuit and
Family Court of Australia (Division 2) (Family Law) Rules 2021 to update
the scale of costs in family law and child support matters in Schedule 1.
Consultation was undertaken during the process of updating
the amounts for each Item in the scale of costs through the Joint Costs
Advisory Committee, which functions to review and recommend variations to the
quantum of costs contained in the rules made by the federal courts. The Joint
Costs Advisory Committee comprises representatives of the High Court of
Australia, Federal Court of Australia, FCFCOA (Division 1) and FCFCOA
(Division 2).
The Committee recommended an increase of 4.0% to the scale
of costs for the FY2021-22. This amendment also implements the 2.5% increase
that was recommended by the Committee in September 2021 but not yet
implemented. The amounts for each Item in the table that comprises the scale
of costs in family law and child support matters therefore reflects the cumulative
2.5% increase and the 4.0% increase recommended by the Committee over the
past two financial years.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 7
December 2022 [F2022L01585]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s
Commencement: 1 January2023
Made under: Chapter
4 of the Federal
Circuit and Family Court of Australia Act 2021.
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary:
Resources:
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Royal
Commissions Amendment (Custody of Records) Regulations 2022 [F2022L01645]
What it does:
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Other Details:
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The instrument amends the Royal Commissions
Regulations 2019 (the Regulations) to correct drafting oversights and
ensure it can operate as intended. It provides for the handling of requests
for copies of, or access to, records of the Royal Commission into
National Natural Disaster Arrangements (the Natural Disaster Royal
Commission), the Royal
Commission into Aged Care Quality and Safety (the Aged Care Royal Commission),
and royal commissions that are yet to be finalised or commenced. It also
clarifies the custodianship of the records of the Royal Commission into the Home
Insulation Program (the Home Insulation Royal Commission).
Section
10 of the Regulations provides that custody of records of royal
commissions that conclude after the commencement of the Regulations (21
September 2019) vests with the Secretary of the Attorney-General’s Department
during a 20-year interim period, prior to the records being kept in the
custody of the National Archives of Australia. This means that the Secretary
of the Attorney-General’s Department is currently the custodian of the
records of the Natural Disaster Royal Commission and the Aged Care Royal
Commission.
Section
12 of the Regulations provides for requests for copies of, or access to records
for royal commissions listed in the table in section11
of the Regulations, while section
14 of the Regulations provides the way in which those requests are
responded to.
However, section 10 of the Regulations provides for the
custody of records of future royal commissions, whereas sections 12 and 14 of
the Regulations only refer to records of royal commissions concluded prior to
21September 2019 listed in the table in section11 of the
Regulations. Consequently, the Secretary of the Attorney-General’s Department
is the custodian of the records of both the Natural Disaster Royal Commission
and the Aged Care Royal Commission (as these royal commissions concluded
after September2019), but there are no provisions to handle requests
for copies of, or access to, those records.
Furthermore, the Home Insulation Royal Commission is
inadvertently not listed in the table in section 11 of the Regulations.
Therefore, there is no process for requests to be made for access to records
of this royal commission.
The instrument specifies that sections 12 and 14 of the
Regulations also apply to the Natural Disaster Royal Commission and the Aged
Care Royal Commission, as well as to royal commissions that are yet to be
finalised or commenced. These amendments will enable the Attorney-General’s
Department to handle requests for copies of, or access to, these records in
the same way that requests are handled for records of other past royal
commissions for which the Secretary of the Attorney‑General’s Department is the custodian.
Furthermore, the instrument provides that the Secretary of
the Department of the Prime Minister and Cabinet is the custodian of the Home
Insulation Royal Commission records
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 14
December 2022 [F2022L01645]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Attorney-General's
Commencement: 15 December 2022
Made under: section
17 of the Royal
Commissions Act 1902
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Climate
Change, Energy, the Environment and Water
Amendment of List of Exempt Native
Specimens – Northern Territory Aquarium Fishery, December 2022 [F2022L01560]
What it does:
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Other Details:
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The instrument amends the List of Exempt Native Specimens Instrument 2001
to update the entry for the Northern Territory Aquarium Fishery.
Section
303DB of the Environment
Protection and Biodiversity Conservation Act 1999 provides for the
establishment of the list, which contains a catalogue of native specimens
that are exempt from the trade control provisions that apply to regulated
native specimens. Consequently, a listed specimen can be exported without the
need for export permits, subject to other prescribed conditions.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 2
December 2022 [F2022L01560]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 3 December 2022
Made under: subsection
303DC(1) of theEnvironment Protection and Biodiversity Conservation
Act1999
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary: none identified
Resources:
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Table Cape Lighthouse Heritage Management Plan 2022 [F2022L01613]
What it does:
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Other Details:
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The instrument provides for the future management of the
Table Cape Lighthouse by the Australian Maritime Safety Authority (AMSA),
with the objective of identifying, protecting, conserving, presenting and
transmitting its Commonwealth heritage values.
The instrument contains a detailed description of the
history and cultural significance of the Lighthouse, as well as its physical
elements and condition. Importantly, the instrument sets out the operational
requirements for the management of the Lighthouse, heritage management
policies that guide the management and protection of the Commonwealth
heritage values of the Lighthouse and plans for AMSA to implement such
operation requirements and policies.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 9
December 2022 [F2022L01613]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: Not stated in the instrument, but in
accordance with subsection 12(1) of the Legislation Act 2003 it appears to commence
on 10 December 2022
Made under: section
341S of the Environment
Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Defence
Defence Determination, Conditions of service Amendment
Determination 2022 (No. 16) [F2022L01595]
What it does:
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Other Details:
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The instrument amends the Defence
Determination 2016/19, Conditions of service to:
- make technical amendments to remove
references, or provisions relating, to 'amenities based' classifications.
Amenities based classifications are no longer used to classify Service
residences
- include
additional medical services and products for a member’s dependants that the
member is eligible for the reimbursement of costs under the ADF Family Health
Program
- amend
the daily rate of deployment allowance provided to members who are force
assigned to Operation Lilia (Solomon Islands) and Operation PALADIN and to
provide a transitional provision for members who were deployed in Lebanon or
Syria on Operation PALADIN between 10November 2022 and the commencement
of this Determination and
- make
changes to the rate of higher duties allowance which is payable to members
when they are directed to perform duties attributed to a higher rank or
higher position.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 8
December 2022 [F2022L01595]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: Schedules 1, 2, 3, and 5 commence on
8 December 2022. Schedule 4 commences on 2 February 2023. All other
provisions commence on 9 December 2022.
Made under: section
58B of the DefenceAct
1903.
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary: none identified
Resources:
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Defence Force Discipline (Chief of
Air Force) Determination 2022 [F2022L01633]
What it does:
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Other Details:
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The instrument determines that members of the Royal
Australian Air Force of the rank of Warrant Officer are not prescribed
defence members for the purposes of Part IA of the Defence Force
Discipline Act 1982.
The effect of this determination is that members of the
Royal Australian Air Force of the rank of Warrant Officer may not be dealt
with under the infringement scheme. The infringement scheme is designed to
address minor breaches of discipline at the lowest level, within a member’s
unit. The determination is based on the assessment that members of the rank
of Warrant Officer hold such a high level of responsibility and respect
within the Australian Defence Force that any breach of discipline committed
by those members would be too serious to be dealt with under the infringement
scheme.
The rank of Warrant Officer is the highest senior enlisted
rank. Warrant Officers at this level are expected to be exemplary in their
discipline and behaviour. A breach of discipline by a Warrant Officer is not
a minor service discipline matter and is too serious to be dealt with under
the infringement scheme.
A breach of discipline by a member of the rank of Warrant
Officer will continue to be able to be dealt with by a service tribunal as a
service offence under the Act.
See the Explanatory
Statement for the instrument for further information.
See also:
- Defence
Force Discipline (Chief of Army) Determination 2022 [F2022L01641] and
- Defence
Force Discipline (Chief of Navy) Determination 2022 [F2022L01634],
discussed below.
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Registered on Federal Register of Legislation: 13
December 2022 [F2022L01633]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: 13 December 2022
Made under: section
9CA(2) of the DefenceForce
Discipline Act 1982
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Defence Force Discipline (Chief of
Army) Determination 2022 [F2022L01641]
What it does:
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Other Details:
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The instrument determines that members of the Australian
Army of the rank of Warrant Officer Class One are not prescribed defence
members for the purposes of Part
IA of the Defence
Force Discipline Act 1982.
The effect of this determination is that members of the Australian
Army of the rank of Warrant Officer Class One may not be dealt with under the
infringement scheme. The infringement scheme is designed to address minor
breaches of discipline at the lowest level, within a member’s unit.
The rank of Warrant Officer Class One is the highest
senior enlisted rank. Warrant Officers at this level are expected to be
exemplary in their discipline and behaviour. A breach of discipline by a
Warrant Officer Class One is not a minor service discipline matter and is too
serious to be dealt with under the infringement scheme.
A breach of discipline by a member of the rank of Warrant
Officer Class One will continue to be able to be dealt with by a service
tribunal as a service offence under the Act.
See the Explanatory
Statement for the instrument for further information.
See also Defence Force Discipline (Chief of Air Force)
Determination 2022 [F2022L01633],
discussed above and Defence Force Discipline (Chief of Navy) Determination
2022 [F2022L01634],
discussed below.
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Registered on Federal Register of Legislation: 13
December 2022 [F2022L01641]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: 13 December 2022
Made under: subsection
9CA(2) of the DefenceForce
Discipline Act 1982
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Defence Force Discipline (Chief of
Navy) Determination 2022 [F2022L01634]
What it does:
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Other Details:
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The instrument determines that members of the Royal
Australian Navy of the rank of Warrant Officer are not prescribed defence
members for the purposes of Part IA of the Defence Force
Discipline Act 1982.
The effect of
this determination is that members of the Royal Australian Navy of the rank
of Warrant Officer may not be dealt with under the infringement scheme. The
infringement scheme is designed to address minor breaches of discipline at
the lowest level, within a member’s unit. The determination is based on the assessment that members
of the rank of Warrant Officer hold such a high level of responsibility and
respect within the ADF that any breach of discipline committed by those
members would be too serious to be dealt with under the infringement scheme.
The rank of Warrant Officer is the highest senior enlisted
rank. Warrant Officers at this level are expected to be exemplary in their
discipline and behaviour. A breach of discipline by a Warrant Officer is not
a minor service discipline matter and is too serious to be dealt with under
the infringement scheme.
A breach of discipline by a member of the rank of Warrant
Officer will continue to be able to be dealt with by a service tribunal as a
service offence under the Act.
See also:
- Defence
Force Discipline (Chief of Air Force) Determination 2022 [F2022L01633] and
- Defence
Force Discipline (Chief of Army) Determination 2022 [F2022L01641]
discussed above.
See the Explanatory
Statement for
the instrument for further information.
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Registered on Federal Register of Legislation: 13
December 2022 [F2022L01634]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: 13 December 2022
Made under: section
9CA(2) of the Defence
Force Discipline Act 1982
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Defence Honours and Awards Appeals
Tribunal Amendment Procedural Rules 2022 [F2022L01639]
What it does:
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Other Details:
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The instrument amends the Defence Honours and
Awards Appeals Tribunal Procedural Rules 2021 (the Rules).
Specifically, the instrument:
- amends
the definitions of ‘audio-link’ and ‘audiovisual link’
- extends
the application of rule 9 of the Rules, which provides details about the
reporting functions of the Secretary of Defence in relation to a review of a
reviewable decision, to delegates of the Secretary.
- amends
rule 18 of the Rules to provide that, in certain circumstances, the Chair of
the Defence Honours and Awards Appeals Tribunal (the Tribunal) may decide not
to publish the name of, or any other information related to, an applicant or
a person to whom a recommendation relates. The amended rule also specifies
that a review of a decision must be published within 20 working days after it
is provided to the parties, or at a later date as determined necessary by the
Chair.
- amends
rule 27 of the Rules to permit the Tribunal to require a person who gives
evidence before the Tribunal to take an oath or make an affirmation
- inserts
rule 31 into the Rules to allow the Tribunal, where it considers it
appropriate, to arrange for a hearing, or a part of a hearing, that is to be
held in public to be broadcast by live-streaming or other technology.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 13
December 2022 [F2022L01639]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: 14 December 2022
Made under: section
110XH of the DefenceAct
1903
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Education
Commonwealth Grant Scheme Amendment (National
Priorities) Guidelines 2022 [F2022L01597]
What it does:
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Other Details:
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The instrument
amends the list of providers that can be paid grants and updates the national
priorities in the Commonwealth Grant Scheme Guidelines 2020 (the Guidelines). The instrument:
- lists
Torrens University, as a higher education provider that is not a Table A
provider, that can be paid grants under Part 2-2 of the Higher Education
Support Act 2003 (the Act);
- removes
the University of Notre Dame as a listed provider for the purposes of subparagraph 30-1(1)(b)(i) of the Act; and
- for
the purposes of paragraph 30-20(b) of the Act, update the
national priorities specified in the Guidelines.
Torrens University must be included in the list of
providers in the Guidelines to receive grants under Part 2-2 of the Act and
offer Commonwealth supported places in national priority areas. This provider
was allocated funding through a competitive application process for the new
national priority specified in Schedule 1 to the instrument. The new national
priority will support an election commitment to provide 20,000 additional
Commonwealth supported places to address skill shortages and give more
students from under-represented backgrounds the opportunity to attain a
higher education qualification.
Higher education providers are eligible to receive grants
under Part 2-2 of the Act if they are a Table A provider or any other
provider that is specified in the Guidelines. As the University of Notre Dame
is now listed as a Table A provider in the Act, the instrument amends the Guidelines
to remove the University of Notre Dame from the list of eligible providers
specified in the Guidelines. The instrument also removes the national
priority related to the University of Notre Dame as it is no longer needed.
Inserting the areas of study that constitute national
priorities for 2023 and 2024 (namely Education, Nursing, Engineering,
Computing, Commerce, and Society and Culture) will provide greater options
for students from under-represented backgrounds to access higher education
and to study in areas where there are current skills and workforce shortages.
The instrument will also allow non-Table A providers who were successful in
the competitive application process to deliver their allocation of Commonwealth
supported places.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 8
December 2022 [F2022L01597]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 9 December 2022
Made under: section
238-10 of the Higher
Education Support Act 2003
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Higher Education Support Provider (AIE Institute
Limited) Approval 2022 [F2022L01621]
What it does:
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Other Details:
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The instrument approves AIE Institute Limited (ACN 624 067
536), as a higher education provider.
Subsection
16-25(1) of the Higher Education
Support Act 2003 (the Act) provides that the Minister may approve a
body corporate as a higher education provider if the body satisfies the
requirements listed in that section. These requirements include making an
application to the Minister under section
16-40 for approval as a higher education provider.
Paragraphs
16-50(1)(a) and (b) of the Act respectively require the Minister to
decide the application and cause the applicant to be notified in writing
whether or not the applicant is approved as a higher education provider. Section
16-55 specifies that a notice of approval under paragraph 16‑50(1)(b) is a
legislative instrument.
As an approved
higher education provider, AIE Institute Limited is eligible to receive
certain grants made under the Act and its students are eligible to receive
certain financial assistance from the Commonwealth.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 9
December 2022 [F2022L01621]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 10 December 2022
Made under: section
16-25 and paragraph
16-50(1)(b) of the Higher Education
Support Act 2003
Regulation Impact Statement: not required (see page
1 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Higher Education Support (VET)
Amendment (VET FEE-HELP Student Protection – Extension of Time) Guidelines 2022
[F2022L01573]
What it does:
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Other Details:
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The instrument amends the Higher Education
Support (VET) Guideline 2015 to extend the date prescribed by the VET
Guidelines for the purposes of subclauses46AA(9) and (10) of Schedule 1A
to HigherEducation
Support Act 2003 by 12months.
Subclauses 46AA(9) and (10) of Schedule 1A relate to the
last date on which the Secretary may re-credit a person’s HELP balance on the
Secretary’s own initiative or on application by the person. The instrument
extends this date to 31December 2023.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01573]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Employment and Workplace Relations
Commencement: 1 January 2023
Made under: clause
99 of Schedule 1A to the Higher Education Support
Act 2003
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Other Grants (Research) Amendment (National Industry
PhD Program) Guidelines 2022 [F2022L01596]
What it does:
|
Other Details:
|
The instrument
amends the Other Grants Guidelines (Research) 2017 to establish the National Industry PhD
program (the program). The instrument sets out the program objectives for the
program, the extra conditions of eligibility, conditions that apply to grants
under the program and the method by which grant amounts under the program
will be determined.
Grants under the program will be made for the purpose of
supporting the training of research students. The program will provide
funding to higher education providers to develop PhD Candidates into
researchers who can work in both industry and academic settings, support high
calibre industry professionals to become industry researchers with the
potential to work in academic settings, contribute to industry-focused
innovation and development, strengthen collaboration between Australian
companies and universities, and support industry-focused PhD research
projects.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
December 2022 [F2022L01596]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: Not yet tabled
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 9 December 2022
Made under: section
238-10 of the Higher
Education Support Act 2003
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Tertiary Education Quality and
Standards Agency (Registered Higher Education Provider Charge) Guidelines 2022
[F2022L01580]
What it does:
|
Other Details:
|
The instrument creates guidelines making provision for, or
in relation to, matters set out in subsection 26C(2) of the Tertiary
Education Quality and Standards Agency Act 2011. These matters
include
- issuing
notices setting out the amount of the registered higher education provider
charge
- when
the registered higher education provider charge is payable;
- the
refund, remission or waiver of the registered higher education provider
charge; and
- the
review of decisions made under the Charging Guidelines in relation to the
collection or recovery of the registered higher education provider charge.
Historically, TEQSA has recovered approximately 15% of its
costs via the fees set out in the Tertiary Education Quality and Standards
Agency Determination of Fees No.1 of 2020 but, from 1 January 2023, TEQSA
will be moving toward a model under which it recovers 90% of its costs.
The Tertiary Education
Quality and Standards Agency (Charges) Regulations 2022 (the Charging
Regulations) prescribe a method for working out the amount of the registered
higher education provider charge for a year for a registered higher education
provider. The instrument will complement the Charging Regulations by
providing what must be included in a notice sent to a registered higher
education provider informing the provider of the amount of the registered
higher education provider charge. The instrument will also provide when the
registered higher education provider charge, or a component or a part of the
charge, may be waived and sets out a process for the review of decisions made
under the instrument.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01580]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 1 January 2023
Made under: section 204 of the Tertiary Education Quality and Standards Agency Act
2011
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary:
Resources:
|
Back to top
Employment and Workplace
Relations
Fair Work Legislation Amendment
Regulations 2022 [F2022L01640]
What it does:
|
Other Details:
|
The instrument amends the Fair Work
Regulations 2009, the Fair Work
(Registered Organisations) Regulations 2009 and the Fair Work
(Transitional Provisions and Consequential Amendments) Regulations 2009.
Among other things, the instrument:
- requires
that certain information about superannuation contributions must be included
on initial pay slips
- requires
that certain information concerning paid family and domestic violence leave
must not be included in an employee’s pay slip
- makes
relevant amendments to reflect the abolition of the Australian Building and
Construction Commission and the transfer of functions from the Registered
Organisations Commission to the Fair Work Commission
- makes
a range of updates to Fair Work Commission delegations and pre-modern award
transitional arrangements, and makes several minor corrections of an
editorial nature.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13
December 2022 [F2022L01640]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Employment and Workplace Relations
Commencement: Schedule 1, Part 4 commenced on 7
December 2022. Sections 1 to 4 of the instrument, Schedule 1, Part 1,
Division 1, Schedule 1 Part 5 and Schedule 1, Part 6, Division 1 commenced on
14December 2022. Schedule 1, Part 2 commenced on 10 January 2023.
Schedule 1, Part 1, Division 2 commenced on 1February 2023. Schedule 1,
Part 6, Division 2 commences on 1 July 2023. Schedule 1, Part 3 will commence
at the same time as Division 1 of Part 1 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay)
Act 2022 commences.
Made under: the paragraphs
536(2)(c), 625(2)(i),
625(3)(c),
671(1)(b)
and subsection
796(1) of the Fair
Work Act 2009, section
359 of the Fair
Work (Registered Organisations) Act 2009 and section
4 and subitem
8(1) of Schedule 2 of the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
- ‘About us’, Fair Work Commission.
- ‘Abolishing the Australian Building and Construction
Commission’, Department of Employment and Workplace Relations.
- Howard
Maclean, Juli Tomaras and Harriet Spinks, ‘Fair
Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022’, Bills
Digest, 6, 2022–23, (Canberra: Parliamentary Library, 2022).
- Jaan
Murphy, Elliott King and Scanlon Williams, ‘Fair
Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022’, Bills
Digest, 34, 2022–23, (Canberra: Parliamentary Library, 2022).
- Melinda
Bell, ‘Fair
Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 becomes law’,
Norton Rose Fulbright, December 2022.
- ‘Our role’, Registered
Organisations Commission.
- ‘Secure
Jobs, Better Pay: changes to Australian workplace laws’, Fair Work
Ombudsman, 7 December 2022.
- Veronica
Siow, Tarsha Gavin, Georgia Permezel and Katherine Polazzon, ‘What
does the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act mean
for you?’, Allens Linklaters, 15December 2022.
|
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Finance
Finance Legislation Amendment
(National Intermodal Corporation Limited and other Matters) Regulations 2022 [F2022L01626]
What it does:
|
Other Details:
|
The instrument amends the Lands Acquisition
Regulations 2017 and the Public Works
Committee Regulation 2016 to reflect title changes of three Commonwealth
entities as follows:
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01626]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 13 December 2022
Made under: section
6A(3) of the Public
Works Committee Act 1969 and section 140 of the Lands Acquisition Act 1989
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
- Simon
Birmingham (Minister for Finance), Barnaby Joyce (Minister for
Infrastructure, Transport and Regional Development), and Paul Fletcher
(Minister Communications, Urban Infrastructure, Cities and the Arts), ‘New
National Intermodal Corporation to facilitate an integrated approach to
Australia’s freight network’, media release, 24February 2022.
- Melissa
Coade, ‘Intermodal
company to lift Australian exporter capabilities’, TheMandarin,
25February 2022.
- Joseph
Misuraca, ‘Government
establishes National Intermodal Corporation’, MHD Supply Chain News,
24 February 2022.
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1)
Regulations 2022 [F2022L01608]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on certain activities administered by the
Department of Agriculture, Fisheries and Forestry.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
Specifically, the instrument provides:
- $20
million of administered funding in 2022–23 for the Improve the Long-term
Sustainability of the South East Trawl Fishery and Support Fishers program
that aims to provide financial support to fishing operators who wish to exit
the Commonwealth South East Trawl Fishery as a result of management changes
that have been introduced to safeguard long-term sustainability
- $61.6
million over two years from 2022–23 for the Bolstering Australia’s
Biosecurity System program to prepare and strengthen Australia’s ability to
respond to the escalating biosecurity risk from countries to the north of
Australia. This includes measures to:
- prevent
the entry into, and spread within, Australia of foot and mouth disease and
lumpy skin disease
- combat
the spread of foot and mouth disease, lumpy skin disease and other emerging
animal diseases in countries in the Indo‑Pacific
region
- $108.6
million over five years from 2022–23 for the National Forest Products
Innovation program to enhance Australia’s productivity and competitiveness
through forestry research, development and innovation and to improve
Australia’s sovereign capability in timber production.
- $12.3
million over three years from 2022–23 for the Support Regional Trade Events
program to support industry events and forums that foster and encourage
interstate and overseas trade and commerce by promoting agricultural sectors
in Australia, including businesses that are in or support these sectors.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9December
2022 [F2022L01608]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 10 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Attorney-General’s Portfolio Measures No. 2) Regulations
2022 [F2022L01610]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on certain activities
administered by the Attorney-General’s Department.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument amends Part
4 of Schedule 1AB of the Principal Regulations to allow the Commonwealth
to provide $6.7 million in funding over five years from 2022–23 for education
and training for the justice sector on family, domestic and sexual violence.
The instrument also facilitates $81.5 million in funding over four years from
2022–23 for the justice reinvestment program to reduce incarceration of
Aboriginal and Torres Strait Islander people.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9December
2022 [F2022L01610]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 10 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial
Framework (Supplementary Powers) Amendment (Climate Change, Energy, the
Environment and Water Measures No. 1) Regulations 2022 [F2022L01644]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on certain activities
administered by the Department of Climate Change, Energy, the Environment and
Water.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument amends Part 4 of Schedule 1AB of the
Principal Regulations to allow the Commonwealth to provide:
- $1.5
million in funding in 2023–24 to the International Whaling Commission (IWC)
to enhance Australia’s leadership in the IWC by enhancing IWC financial
sustainability and building conservation expertise
- $46.7
million in funding over 11 years from 2022–23 for the National Biodiversity
Market initiative to support the development and improvement of biodiversity
monitoring, research partnerships, and understanding of the biodiversity
market
- $32.5
million in funding over four years from 2022–23 to protect the Great Barrier
Reef by supporting local councils involved in the Reef Guardian Councils
program and by supporting the work of the Coastal Marine Ecosystem Research
Centre, which operates out of Central Queensland University.
- $8.2
million in funding over four years from 2022–23 to establish and promote the
trademarked ‘ReMade in Australia’
- $145.6
million in funding over four years from 2022–23 to save native species by
supporting activities assisting with the recovery of Australian plant and
animal species and places
- $15.9
million of funding over four years from 2022–23 to engage with First Nations
people on climate change and establish the Torres Strait Climate Change
Centre of Excellence.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
December 2022 [F2022L01644]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- A Market for Biodiversity, Department of
Agriculture, Fisheries and Forestry, August 2022.
- ‘Coastal
Marine Ecosystems Research Centre (CMER)’, CQ University Australia.
- ‘Commission Overview’, International
Whaling Commission.
- ‘Reef
Guardian Councils’, Great Barrier Reef Marine Park Authority.
- ‘ReMade
in Australia’, Department of Climate Change, Energy, the Environment and
Water.
- October Budget 2022-23 - Reducing emissions and addressing
climate change, Department of Climate Change, Energy, the
Environment and Water.
- Joseph
Guenzler, ‘Torres Strait climate change centre could put First
Nations people in charge of nationwide mitigation efforts’, National
Indigenous Times, 2November 2022.
|
Financial
Framework (Supplementary Powers) Amendment (Education Measures No. 3)
Regulations 2022 [F2022L01643]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on an activity
administered by the Department of Education.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument repeals and replaces Part
1 of Schedule 1AB of the Principal Regulations to allow the Commonwealth
to provide a grant of $1.1 million in 2022–23 to Education Services Australia
Limited (a national not-for-profit company owned by the state, territory and
Australian Government education ministers) to implement interoperability
services for school education and the Commonwealth’s Student Wellbeing Hub
and to develop and deliver education resources and professional development
material for teachers, among other things.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
December 2022 [F2022L01643]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Health and Aged Care Measures No. 2) Regulations 2022 [F2022L01642]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on certain activities
administered by the Department of Health and Aged Care.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument amends Part
3 of Schedule1AB of the Principal Regulations to allow the
Commonwealth to provide grants to TheShepherd Centre ($6.5 million over
three years from 2022–23) to provide clinical support and other resources to
support children with hearing loss and World Wellness Group Limited ($0.1
million in 2022–23) for upgrades to the existing infrastructure and
facilities at its multicultural health clinic in Brisbane to support improved
access to health services for people of culturally and linguistically diverse
backgrounds.
The instrument also amends Part
4 of Schedule1AB to provide funding for the National Nurse and
Midwife Health Support Service ($25.2 million over five years from 2022–23)
to fund services (including counselling and other support services, and
referral services) for nurses and midwives, and nursing and midwifery
students, experiencing health issues.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
December 2022 [F2022L01642]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Infrastructure, Transport, Regional Development,
Communications and the Arts Measures No. 2) Regulations 2022 [F2022L01607]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on certain activities
administered by the Department of Infrastructure, Transport, Regional
Development, Communications and the Arts.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
Specifically, the instrument provides funding for:
- a
$6.0 million grant over three years from 2023–24 to The Alannah and Madeline
Foundation Limited for the national rollout of the eSmart Digital Licence+,
eSmart Junior Digital Licence+ and eSmart Media Literacy Lab programs to
improve media and digital literacy and online safety awareness among primary
and secondary school students
- the
National Messaging System to establish and maintain a cell broadcast national
messaging system that enables the Australian Government to send, or to
support state and territory governments to send, messages to the public, or
targeted sections of the public, in relation to emergencies, disasters or
events of national significance. Financial implications for this element are
not for publication due to commercial‑in‑confidence sensitivities
- $20
million in administered funding over three years from 2022–23 for the
Broadcasting Resilience Program to fund improvements in the resilience of
infrastructure that may be used for emergency broadcasting
- $50
million in administered funding over three years from 2022–23 for the
Telecommunications Resilience Disaster and Innovation Program to strengthen
the resilience of telecommunications to power outages and natural hazards by
funding the development and/or deployment of new, innovative technologies and
solutions
- $35.8
million in funding over three years from 2022–23 for the On Farm Connectivity
Program to improve access to telecommunications services issues faced by
farmers on their properties
- $2
million in administered funding over three years from 2022–23 for the
Terrestrial Television Transmission for Shortland, NSW program to fund the
design, acquisition, construction, modification, and operation of
infrastructure to improve digital television reception in the federal
electoral division of Shortland in New South Wales
- $349.9
million in administered funding over five years from 2022–23 for the
Investing in Our Communities Program to build resilient communities and
increase community liveability by providing funding for infrastructure projects
- $1
billion in funding over five years from 2022–23 for the Priority Community
Infrastructure Program to provide funding for the construction and upgrading
of infrastructure, including community infrastructure.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9December
2022 [F2022L01607]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 10 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About us’, Department
of Infrastructure, Transport, Regional Development, Communications and the
Arts.
- ‘About Us’, Alannah
& Madeline Foundation.
- ‘About eSmart Digital Licence+’,
Alannah & Madeline Foundation.
- Aimee
Chanthadavong, ‘Canberra
wants to use a national messaging system to alert citizens about emergencies’,
ZDNet, 12August 2021.
- Michele
Rowland (Minister for Communications), ‘Address
to RadComms 2022 Conference’, speech, 15November 2022.
- Michele
Rowland (Minister for Communications), ‘Albanese
Government delivers major boost to schools to keep kids safer online’,
media release, 21 October 2022.
- Oksana
Patron, ‘$6m
to help keep kids safer online’, FST Media, 24 October 2022.
- ‘On
Farm Connectivity Program’, Department of Infrastructure, Transport,
Regional Development, Communications and the Arts.
- ‘Profile of the
electoral division of Shortland (NSW)’, Australian Electoral Commission.
- ‘Community
infrastructure grant programs’, Department of Infrastructure, Transport,
Regional Development, Communications and the Arts.
|
Financial Framework (Supplementary
Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 5)
Regulations 2022 [F2022L01605]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on the Referendum
Engagement Group program administered by the National Indigenous Australians
Agency, which is a part of the Prime Minister and Cabinet Portfolio.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument amends Part
4 of Schedule1AB of the Principal Regulations to allow the
Commonwealth to provide funding to the Referendum Engagement Group to meet to
discuss building community awareness and understanding of, and support for, a
referendum to alter the Constitution to provide for an Aboriginal and Torres
Strait Islander Voice.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01605]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 9 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial
Framework (Supplementary Powers) Amendment (Social Services Measures No. 4)
Regulations 2022 [F2022L01647]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on the Community-led
Solutions program (formerly named the Cashless Welfare Support Services
program) which will be administered by the Department of Social Services.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or be
involved in companies. The arrangements, grants, programs and companies for
which money can be spent are specified in the Principal Regulations.
The instrument amends item
510 of Part
4 of Schedule 1AB of the Principal Regulations to support the abolition
of the Cashless Debit Card (CDC) and establish and support the Community-led
Solutions program with funding of approximately $159.1 million over four
years from 2022–23.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
December 2022 [F2022L01647]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 December 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Foreign
Affairs and Trade
Autonomous Sanctions (Designated
Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No.
22) Instrument 2022 [F2022L01616]
What it does:
|
Other Details:
|
This instrument amends the Autonomous Sanctions
(Designated Persons and Entities and Declared Persons – Russia and Ukraine)
List 2014 to list an additional three persons and one entity for targeted
financial sanctions and travel bans. These persons and entity have been
involved in the supply of Iranian Unmanned Aerial Vehicles to Russia for use
in its war against Ukraine.
The people listed are:
- Mohammad
Hossein BAGHERI
- Saeed
AGHAJANI
- Amir
Ali HAJIZADEH.
The entity listed is Shahed
Aviation Industries.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01616]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: 10 December 2022
Made under: section
6 of the AutonomousSanctions
Regulations 2011
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Snapshot:
Russia/Ukraine sanctions regimes’, Department of Foreign Affairs and
Trade.
- ‘Sanctions
regimes’, Department of Foreign Affairs and Trade.
- Leah
Ferris, Australian
sanctions law, Quick guide, (Canberra: Parliamentary Library, 24August
2022).
- Leah
Ferris, ‘Sanctions
imposed on Russia in response to aggression against Ukraine - how are they
imposed under Australia's sanctions laws?’, FlagPost (blog),
Parliamentary Library, 28 February 2022.
|
Autonomous Sanctions (Designated
Persons and Entities and Declared Persons—Thematic Sanctions) Amendment (No. 1)
Instrument 2022 [F2022L01615]
What it does:
|
Other Details:
|
This instrument amends the Autonomous Sanctions
(Designated Persons and Entities and Declared Persons—Thematic Sanctions)
Instrument 2022 to list an additional 13 persons and two entities for
targeted financial sanctions and travel bans. The listings cover serious
violations or serious abuses of the right to life and the right not to be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment. These relate to the oppression of women in enforcing the Islamic
dress code and violent suppression of peaceful protests in Iran and the attempted
assassination of Alexei Navalny by poisoning in 2020.
The purpose of a designation is to subject the designated
person or entity to targeted financial sanctions. The purpose of a
declaration is to prevent a person from travelling to, entering or remaining
in Australia.
The instrument designates and declares the following
persons:
- Mohammad
Rostami Cheshmeh Gachi
- Haj
Ahmad Mirzaei
- Gholamreza
Soleimani
- Hassan
Karami
- Hossein
Ashtari
- Sardar
Seyed Sadegh Hosseini
- Alexey
Alexandrov
- Vladimir
Panyaev
- Ivan
Vladimirovich Osipov
- Vladimir
Mikhailovich Bogdanov
- Kirill
Vasilyev
- Stanislav
Valentinovich Makshakov
- Roman
Mikhailovich Mezentsev
The instrument also designates the following entities:
- Morality
Police (also known as Guidance Patrol, Gasht-e Ershâd, Islamic Guidance
Patrol, Morality Security Police, Polis-e Amniyat-e Akhlaqi, Iran Morality
Police, Moral Security Police)
- Basij
Resistance Force (also known as Sazman-e Maghavemat-e Basij, Sazman Basij
Melli; National Resistance Mobilisation, Vahed-e Basij-e Mostazafeen,
National Mobilization Organization, Islamic Revolution Guards Corps
Resistance Force, Nirooye Moghavemate Basij, Niruyeh Moghavemat Basij,
Resistance Mobilisation Force, Mobilisation of the Oppressed Organisation,
National Mobilisation Organisation, Baseej, Basij, Basij-E Melli,
Mobilisation of the Oppressed, Mobilisation of the Oppressed Unit,
Organisation of the Mobilisation of the Oppressed, Sâzmâne Basij-e
Mostaz-afin)
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01615]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: 10 December 2022
Made under: section
6A of the Autonomous
Sanctions Regulations 2011
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Health
and Aged Care
Dental Benefits Amendment Rules
(No. 1) 2022 [F2022L01625]
What it does:
|
Other Details:
|
The instrument amends the Dental Benefits
Rules 2014 (the Rules) to reflect indexation of the amount of dental
benefit payable for dental service items in Schedule 1 and of the benefit limits
cap amount in Schedule 3 to the Rules, effective from 1 January 2023.
The Rules provide for the Child Dental Benefits Schedule
(CDBS), which sets out items specifying dental services, the amount of dental
benefit payable, and the method for determining the amount, in respect of a
dental service.
Schedule 1 to the Rules lists the dental items covered
under the CDBS and the amount of benefit payable for each item. On 1 January
2023, indexation is to be applied to each item listed in Schedule 1.
Schedule 3 of the Rules lists the benefit limits cap
amount for each two-year calendar period. On 1 January 2023, indexation is to
be applied to the benefit cap amount increasing the benefit cap amount from
$1,026 to $1,052 for 2023-2024 relevant two-year period.
The indexed cap rate will apply from 1January 2023
until 31 December 2023. However, the cap amount for the two-year calendar
period commences in the year in which the child first accesses services. For
example, if a child first accessed benefits in 2022 the 2022-2023 cap of
$1,026 applies. If a child first accesses benefits in 2023 the 2023-2024 cap
of $1,052 applies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01625]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 January 2023
Made under: subsection
60(1) of the DentalBenefits
Act 2008
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary:
Resources:
|
Health Insurance Legislation
Amendment (2022 Measures No. 5) Determination 2022 [F2022L01632]
What it does:
|
Other Details:
|
Schedule 1 of the instrument extends the cessation date
for to the Health
Insurance (General Practice COVID-19 Treatment) Determination 2022 and
the Health
Insurance (Section 3C Pathology Services – COVID 19) Determination 2020
to 31December 2023. The
extension of these instruments will allow patients to continue to access
these COVID-19 support services.
Schedule 2 of
the instrument amends four temporary pathology itemsfor testing of
COVID-19 and other respiratory pathogens to allow pathology providers to charge fees more than the
schedule fee for services provided in-hospital under these items and
associated items. This change will align arrangements for these items with
other MBS pathology services delivered in-hospital.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01632]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: Schedule 2 commenced on 1 January
2023. All other provisions commenced on 31 December 2022.
Made under: section
3C(1) of the HealthInsurance
Act 1973
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary:
Resources: none identified
|
National Health (Concession Card or
Entitlement Card Fee) Amendment Determination 2022 [F2022L01559]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Concession Card or Entitlement Card Fee) Determination 2021 (PB 133 of
2021) and determines the fee payable to an approved pharmacist, an approved
medical practitioner, or an approved hospital authority for issuing Safety
Net concession cards and Safety Net entitlement cards.
A person with a Safety Net concession card can purchase
Pharmaceutical Benefits Schedule (PBS) medicines for lower prices. A person
can access a Safety Net concession card if they spend up to the Safety Net
threshold during a calendar year (which, for general patients, is currently
$1,563.50).
A person with a Safety Net entitlement card can access PBS
medicines for free for the rest of a calendar year. A concession card holder can
access a Safety Net entitlement card if they spend up to the Safety Net
threshold during a calendar year.
The instrument sets the fee payable for issuing these
cards as $11.42.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1December
2022 [F2022L01559]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 January 2023
Made under: section
84HA of the NationalHealth
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Highly Specialised
Drugs Program) Special Arrangement Amendment (December Update) Instrument 2022 [F2022L01549]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Highly Specialised Drugs Program) Special Arrangement 2021 (PB 27 of
2021) to add, delete and make changes to drugs, forms, and the circumstances
for prescribing various pharmaceutical benefits.
The Highly Specialised Drugs program established under the
Special Arrangement provides access to specialised Pharmaceutical Benefits
Scheme medicines to eligible patients, for the treatment of chronic conditions
which, because of their clinical use and other special features, have
restrictions on where they can be prescribed and supplied.
- Schedule
1 to this Instrument provides for the addition of the listed drug
pegcetacoplan, and a brand of the listed drugs mycophenolic acid, and
valganciclovir to the Special Arrangement. It also provides for the deletion
of a form of the listed drug benralizumab,andthe alteration of
circumstances in which a prescription may be written for the listed drugs
ambrisentan, bosentan, eculizumab, epoprostenol, iloprost, infliximab,
macitentan, natalizumab, ravulizumab, riociguat, sildenafil, and tadalafil
under the Special Arrangement.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
November 2022 [F2022L01549]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: subsection
100(2) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Listed Drugs on F1
or F2) Amendment Determination 2022 (No. 10) [F2022L01553]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listed Drugs on F1 or F2) Determination 2021 (PB 33 of 2021) by adding
two new drugs to F1 and removes another drug from F1 as this drug will no
longer be Pharmaceutical Benefits Scheme listed. In addition, it also moves
one drug from F1 to F2.
- The
National
Health Act 1953 provides that drugs listed as part of the
Pharmaceutical Benefits Scheme may be assigned to formularies identified as
F1 and F2. F1 is intended for single branded drugs and F2 for drugs that have
multiple brands, or are in a therapeutic group with other drugs with multiple
brands.
- This
instrument adds pegcetacoplan and vericiguat and removes prednisolone acetate
from F1. It also moves one currently listed F1 drug, fingolimod to F2.
·
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
November 2022 [F2022L01553]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: subsection
85AB(1) of the National
Health Act 1953
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Originator Brand)
Amendment Determination 2022 (No. 5) [F2022L01552]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Originator Brand) Determination 2015 (PB 100 of 2015) to determine
originator brand status for pharmaceutical items of two drugs new to the PBS
F2 formulary.
- Price
disclosure arrangements have been in place since 2007 to ensure the prices
that patients and the Australian Government pay for multi-branded medicines
more closely reflect the average prices at which those medicines are supplied
to the market.
- All
brands of pharmaceutical items containing a drug on the F2 formulary are
subject to price disclosure, unless they are exempt items. A drug will move
to the F2 formulary (and become subject to price disclosure) when it no
longer meets the criteria for F1 and is not on the combination drug list.
Generally, this occurs when the drug becomes multi-branded (i.e. the first
new brand is listed, which is bioequivalent or biosimilar and has the same
manner of administration as an existing pharmaceutical item on the PBS).
- The
instrument is necessary to implement removal of originator brand data from
price disclosure calculations (originator removal) in certain circumstances
as set out in the National
Health (Pharmaceutical Benefits) Regulations 2017.
- Originator
removal will potentially increase price disclosure related price reductions
because originator brands tend to maintain higher prices than other brands.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
November 2022 [F2022L01552]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: subsection
99ADB(6B) of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About the PBS’,
Department of Health and Aged Care.
- ‘Price
Disclosure’, Department of Health and Aged Care.
- ‘Formulary
Allocations - 1 February 2023’,
Department of Health and Aged Care.
- ‘Remove
Originator - Fact Sheet’, Department of Health and Aged Care.
- Rebecca
Storen, Rosalind Hewett and Emma Vines, The
Pharmaceutical Benefits Scheme: a quick guide, Research paper series,
2021–22, (Canberra: Parliamentary Library, 2022).
|
National Health (Pharmaceutical
Benefits) (Pharmacist Substitution of Medicines without Prescription during
Shortages) Amendment (No. 4) Determination 2022 [F2022L01581]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without
Prescription during Shortages) Determination 2021 (thePrincipal
Determination) by adding to the Principal Determination various forms of
amoxicillin that are currently subject to a Therapeutic Goods Administration
(TGA) Serious Scarcity Substitution Instrument (SSSI).
The Principal Determination permits an approved pharmacist
to supply a substitute pharmaceutical benefit when the pharmaceutical benefit
prescribed for the patient is the subject of a TGA SSSI.
By adding the relevant forms of amoxicillin to the
Principal Determination as substitute pharmaceutical benefits that are the
subject of a TGA SSSI, these pharmaceutical benefits can be supplied and
subsidised under the Pharmaceutical Benefits Scheme (PBS) without a new prescription,
subject to certain conditions.
See the Explanatory
Statement for the instrument for further information.
See
also Therapeutic Goods (Serious Scarcity and Substitutable Medicine)
(Amoxicillin) Instrument 2022 [F2022L01565], discussed below.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01581]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 6 December 2022
Made under: subsection
89A(3) of the NationalHealth
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
National
Health (Price and Special Patient Contribution) Amendment Determination 2022
(No. 8) [F2022L01554]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Price and Special Patient Contribution) Determination 2022 (PB 98 of
2022) by increasing and imposing claimed prices and brand premiums for
multiple brands of specified pharmaceutical items. In addition, it removes
one brand of one pharmaceutical item (Trandate (labetalol)) due to product
discontinuation.
The purpose of the determination is to enable patients for
whom the base-priced brands (the ones without a special patient contribution)
are not suitable, to obtain the higher priced brand (the one with the special
patient contribution) without the need to pay the higher price. In such cases
the Commonwealth pays the special patient contribution
Approved pharmacists remain entitled to receive a payment
from the Commonwealth for these items equal to the Commonwealth price less
the applicable patient co-payment pursuant to section
99 of the National
Health Act 1953.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
November 2022 [F2022L01554]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: section
85B of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National
Health Security (National Notifiable Disease List) Amendment (Monkeypox)
Instrument 2022 [F2022L01555]
What it does:
|
Other Details:
|
The instrument amends the National Health
Security (National Notifiable Disease List) Instrument 2018 to
permanently add ‘monkeypox virus infection’ to that list.
Section
11 of the NationalHealth
Security Act 2007 (the Act) provides for the NationalNotifiable
Disease List (NNDL), which is a list of diseases, an outbreak of which is
regarded as a public health risk.
Monkeypox is a viral zoonotic disease endemic in Central
and West Africa and occasionally exported to other regions. The monkeypox
virus is typically transmitted to people from infected animals such as
rodents and primates with secondary, human-to-human transmission relatively
limited.
Monkeypox was temporarily listed on the NNDL under
subsection 12(1) of the Act. The National Health Security (National Notifiable Disease
List) Amendment Instrument 2022 provided for temporary listing of
the disease and was effective from 2 June 2022 for up to six months.
There is a need to understand the epidemiology and
pathogenesis of monkeypox to inform public health response and control
measures; therefore, the ongoing listing of monkeypox will enable
notification of confirmed cases to public health authorities and ensure
information is passed on quickly so that response measures can be put in
place rapidly.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1December
2022 [F2022L01555]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 2 December 2022
Made under: subsection
11(3) of the NationalHealth
Security Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Therapeutic
Goods (Complementary Medicines—Information that Must Accompany Application for
Registration) Determination 2022 [F2022L01601]
What it does:
|
Other Details:
|
The instrument repeals the Therapeutic Goods
(Complementary Medicines—Information that Must Accompany Application for
Registration) Determination August 2018 and determines the kind and form
of information that must accompany an application for the registration of a
complementary medicine in the Australian Register of Therapeutic Goods (the
Register).
The Therapeutic Goods Administration states
that ‘[c]omplementary medicines are non-prescription medicines available from
health food shops, supermarkets and pharmacies’.
The instrument requires that applications for the
registration of a complementary medicine in the Register must be accompanied
by the information specified for the medicine in:
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01601]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 December 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 9 December 2022
Made under: subsections
23B(9) and (10)
of the Therapeutic
Goods Act 1989
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Therapeutic Goods (Serious Scarcity
and Substitutable Medicine) (Amoxicillin) Instrument 2022 [F2022L01565]
What it does:
|
Other Details:
|
The instrument declares that there is a serious scarcity
across Australia of specified medicines containing the active ingredient
amoxicillin, and specifies the substitutable medicines that pharmacists are
permitted to dispense in substitution in permitted circumstances.
The Therapeutic
Goods Amendment (2020 Measures No. 2) Act 2021 introduced a
pharmacist substitution scheme in Division 2C of Part 3-2 of the Therapeutic Goods
Act 1989 (the Act). This scheme was developed to help
alleviate the effects of medicine shortages, by allowing substitution
arrangements to be put in place quickly and consistently across Australia,
and without being limited to circumstances where there is a public health
emergency.
Under this scheme, section 30EK of the Act provides for
the making of a legislative instrument declaring a serious scarcity of
specified medicines and specifying the substitutable medicine and permitted
circumstances. That instrument operates in tandem with section 30EL of the
Act, which provides that, where an instrument is in force under subsection
30EK(1) and a pharmacist is authorised to dispense the scarce medicine under
a law of a state or territory, a pharmacist may dispense the substitutable
medicine to that person in the circumstances specified in the instrument,
despite any law of a state or territory prohibiting substitution.
- Medicines
containing amoxicillin are used to treat a large variety of bacterial
infections including some forms of pneumonia, pharyngitis, tonsillitis, acute
otitis media, rhinosinusitis, and exacerbations of chronic obstructive
pulmonary disease, and dental infections. The scarcity of these medicines is
having, and is anticipated to have, a significant impact on the health and
wellbeing of many patients in Australia. As such, there is a significant
risk of adverse health consequences for patients in Australia if they are
unable to take the scarce medicine.
See the Explanatory
Statement for the instrument for further information.
See also National Health (Pharmaceutical Benefits)
(Pharmacist Substitution of Medicines without Prescription during Shortages)
Amendment (No. 4) Determination 2022 [F2022L01581], discussed above.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01565]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 6 December 2022
Made under: section 30EK of the Therapeutic Goods
Act 1989
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Therapeutic Goods (Standard for
Medicinal Cannabis) (TGO 93) Amendment Order (No. 2) 2022 [F2022L01569]
What it does:
|
Other Details:
|
The instrument amends the Therapeutic Goods
(Standard for Medicinal Cannabis) (TGO 93) Order 2017 to improve clarity
and flexibility, in particular to incorporate the New Zealand Code of Good Manufacturing Practice for
Manufacture and Distribution of Therapeutic Goods(the New Zealand Code
of GMP) as an acceptable manufacturing quality standard for medicinal
cannabis products.
Importantly, a
person who imports, exports or supplies therapeutic goods that do not conform
to an applicable standard may be subject to offence and civil penalty
provisions in sections 14 and 14A of the Therapeutic Goods Act 1989.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01569]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 6 December 2022
Made under: section
10 of the TherapeuticGoods
Act 1989
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary:
Resources:
|
Therapeutic Goods (Standard for Tampons) (TGO 103)
Amendment Order 2022 [F2022L01598]
What it does:
|
Other Details:
|
The instrument amends the Therapeutic Goods
(Standard for Tampons) (TGO 103) Order 2019 to incorporate the revised
version of the Australian Standard AS 2869:2022 Tampons-Menstrual.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
December 2022 [F2022L01598]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 9 December 2022
Made under: section
10 of the TherapeuticGoods
Act 1989
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Home
Affairs
Aviation
Transport Security (Screening officer requirements) Determination (No. 2) 2022
[F2022L01574]
What it does:
|
Other Details:
|
The instrument repeals the Aviation Transport
Security (Screening Officer Requirements) Determination 2022, and
determines qualifications, training, continuing professional development, use
of identity card and uniform requirements for specified screening officers,
as well as record keeping requirements for screening authorities.
The instrument requires a screening officer to hold either
a Certificate II in Transport Security Protection, a qualification that the
Secretary is satisfied will enable the holder to carry out the duties of a
screening officer under the AviationTransport
Security Act 2004, or for certain persons already engaged or employed
as a screening officer between certain dates, a Certificate II in Security
Operations.
The instrument also requires screening officers first
engaged or employed as a screening officer on or after 1 July 2022 to
complete 40 hours of on‑the‑job training specific
to their role.
Furthermore, screening officers engaged or employed on or
after 1 January 2023 must pass the relevant aviation accreditation test
approved by the Secretary for each power and screening function they may use
in their role before the screening officer may exercise independent screening
decisions in relation to each power or screening function. Screening officers
employed or engaged before 1 January 2023 will be able to continue in their
roles and will have 12 months from 1 January 2023 to complete and pass all
accreditation tests relevant to the powers and functions they perform in their
role.
Additionally, the instrument requires that from the date
that a screening officer passes an aviation accreditation test, they pass the
accreditation test at least once every 12 months thereafter, if it continues
to be relevant to a power or function they use in their role. The
non-completion of an aviation accreditation test will only prevent a
screening officer from exercising powers or performing the functions related
to that specific test, and will not prevent a screening officer from exercising
powers or performing functions if the screening officer has passed the
relevant accreditation test. Screening officers may also retake a test up to
three times within a month.
All screening officers must complete at least
12hours of continuing professional development specific to their role
each year.
Moreover, screening officers must continue to hold and
properly display an Aviation Security Identification Card (ASIC) at all times
while on duty and wear a distinctive and recognisable uniform.
The instrument also includes record keeping obligations
which require screening authorities to make electronic records of certain
information relating to screening officers. These records must be kept by the
screening authority for two years after the cessation of the screening
officer’s employment or engagement, even if the screening authority ceases to
be a screening authority during that time.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01574]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 1 January 2023
Made under: section
94A of the AviationTransport
Security Act 2004
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Migration Amendment (Subclass 189
Visas—New Zealand Stream) Regulations 2022 [F2022L01623]
What it does:
|
Other Details:
|
THe instrument amends the Migration
Regulations 1994 to facilitate workers from New Zealand moving from
temporary to permanent residence status to support Australia’s post COVID-19
economic recovery.
New Zealand citizens who wish to live and work in
Australia generally do so on a Subclass
444 Special Category visa (SCV) which allows them to work without
restriction and live in Australia indefinitely. However, as it is a temporary
visa, it does not provide all of the benefits of permanent residence. The New
Zealand stream of the Subclass 189 (Skilled – Independent) visa provides a
permanent residence option for New Zealand citizens who have demonstrated
commitment to Australia, through long term residence, and who have made and
can continue to make, a strong economic contribution to Australia's future.
The amendments made by the instrument provide that for
Subclass 189 (Skilled – Independent) visa applications made in the New
Zealand stream by primary applicants, before commencement of these amendments
(on-hand applications), those applicants are not required to satisfy the New
Zealand stream specific criteria relating to a period of residence in
Australia, minimum taxable income and health. In addition, family members of
primary applicants who made a Subclass 189 (Skilled – Independent) visa
application in the New Zealand stream prior to the commencement of the
Amendment Regulations are also not required to satisfy the health criteria.
Instead, the only criteria to be met by primary applicants
(and their family members) with on-hand applications are the existing common
criteria for the Subclass 189 (Skilled – Independent) visa which relate to
public interest criteria such as character, security, and certain other matters.
The criteria for Subclass 189 (Skilled – Independent) visa
applications made in the New Zealand stream will revert to the previous
(pre-10 December 2022) settings for new applications made on or after 1 July
2023 unless the Government decides to provide new beneficial arrangements for
New Zealand citizens beforehand.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01623]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 10 December 2022
Made under: section
504(1) of the Migration
Act 1958
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Back to top
Industry, Science and Resources
Industry Research and Development
(Accelerate Adoption of Wood Processing Innovation Program) Instrument 2022 [F2022L01579]
What it does:
|
Other Details:
|
The instrument provides the legislative authority for the
Accelerate Adoption of Wood Processing Innovation grant program. The grants
will provide funding to commercial wood processing facilities located in an
Australian state or territory to enable innovation in wood processing.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01579]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15
Administered by: Industry, Science and Resources
Commencement: 6 December 2022
Made under: section
33 of the IndustryResearch
and Development Act 1986
Regulation Impact Statement: not required see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources: none identified
|
Industry Research and Development
(Nyrstar Hobart Zinc Smelter Upgrade Program) Instrument 2022 [F2022L01635]
What it does:
|
Other Details:
|
The instrument prescribes the Nyrstar Hobart Zinc Smelter
Upgrade Program which provides $50 million of funding across the 2022-23,
2023-24 and 2024-25 financial years to Nyrstar Hobart Proprietary Limited to
support the upgrade of the Nyrstar Hobart Zinc Smelter facility, as part of
the Australian Government’s “Plan for A Better Economy, Better Budget, Better
Future”.
The Program
will support the replacement of the existing electrolytic plant at the
NyrstarHobart Facility with a new, contemporary electrolysis plant to
enable the increased production of low-carbon zinc and support Australian
capability in the production of zinc. The upgrade will enhance long-term
sustainability and efficiency of the Nyrstar Hobart Facility.The
upgrade to the Nyrstar Hobart Facility is expected to commence in the 2022‑23
financial year and is estimated to take 28 months to complete. It is
estimated 200people will be employed to perform the upgrade at the peak
of construction.
This Program
provides $50 million through a one-off,ad-hoc, non-competitive
granttoNyrstar Hobart tosupport the $400 million upgrade of
theNyrstar Hobart Facility.The remaining funding for the upgrade
will be provided by Nyrstar Hobart and the Tasmanian Government.The
Program is administered by the Department of Industry, Science and Resources, in accordance with
theCommonwealth Grant Rules and Guidelines 2017.
As this is a
one-off grant to the identified eligible recipient (which is a trading
corporation), there are no selection criteria; however, the grant is
contingent on the submission of an acceptable project proposal with
sufficient relevant supporting informationcommensurate with the funding
amount.Thisis subject to assessmentofmeritin
accordancewiththe Grant Opportunity
Guidelines, including, but not limited to, consideration of value for money,
ability of project to deliver intended outcomes, and associated risk.To
be successful the application must demonstratemeritin
each of these areas.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13
December 2022 [F2022L01635]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 14 December 2022
Made under: section
33 of the Industry Research
and Development Act 1986
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
- Madeline
King (Minister for Resources and Minister for Northern Australia), Ed Husic
(Minister for Industry and Science), and Tim Ayres (Assistant Minister for Manufacturing
and Assistant Minister for Trade), ‘Government
delivers $50 million to modernise Nyrstar's Hobart zinc smelter’, media
release, 23 October 2022.
- ‘Nyrstar
to build new electrolysis plant in Australia’ Australian Trade and
Investment Commission, 16 June 2022.
- ‘Nyrstar
to invest $285m in new Australian zinc electrolysis plant’, Mining
Technology, 29 April 2022.
- Alexandra
Humphries, ‘Nyrstar
vows to deal with safety, environmental issues in bid for upgrade to 100-year-old
Hobart smelter’, ABC News, 17 January 2022.
Resources:
|
Back to top
Infrastructure,
Transport, Regional Development, Communications and the Arts
CASA 50/22 — CASA 41/01 Repeal Instrument 2022 [F2022L01584]
What it does:
|
Other Details:
|
The instrument repeals CASA 41/01 -
Direction under paragraph 5.55(1)(a), which authorised Ross Alexander
Howard to fly additional hours to those permitted at the time under section
48.1 of the Civil Aviation Orders (CAOs).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6
December 2022 [F2022L01584]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 7 December 2022
Made under: regulation 210A of theCivilAviation Regulations 1988
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA ADCX
005/22 - Repeal of Airworthiness Directive AD/MAKILA/11 [F2022L01556]
What it does:
|
Other Details:
|
The instrument repeals AD/MAKILA/11 -
Airworthiness Limitation Items (AD/MAKILA/11), which applied to TurbomecaMakila
series engines, as its requirements have been superseded by the European
Union Aviation Safety Agency (EASA) Airworthiness Directive 2022-2023 issued
on 21November 2022 with an effective date of 5December 2022.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1December
2022 [F2022L01556]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 12 December 2022
Made under: subregulation
39.001(1) of the Civil Aviation
Safety Regulations 1998
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX97/22 – Part 121 – Single
Pilot Aeroplane (MOPSC 10-13) Operations – Exemptions Repeal, Remake, and
Direction Instrument 2022 [F2022L01558]
What it does:
|
Other Details:
|
The instrument repeals the CASA EX137/21 – Part
121 – Single Pilot Aeroplane (MOPSC 10-13) Operations – Exemptions Instrument
2021 (CASA EX137/21) and remakes the exemptions from Part
121 of the Civil
Aviation Safety Regulations 1998 (CASR) contained in CASAEX137/21
with revised conditions and a revised time sequence for compliance.
CASA EX137/21 provided certain exemptions that allowed
Australian air transport operators to conduct single-pilot operations in
accordance with the Visual Flight Rules (VFR) and/or the Instrument Flight Rules
(IFR) using single and multi-engine aeroplanes with a maximumoperational
passenger seat configuration (MOPSC) of 10 to 13, under Part135
of the CASR instead of Part 121, provided that safety mitigation conditions,
outlined in Schedule
1 of CASA EX137/21, were satisfied.
Part 135 of CASR concerns Australian air transport
operations involving smaller aeroplanes with a maximum take-off weight (MTOW)
of less than 8,618 kg and a MOPSC of up to nine. Part 121 of CASR concerns
Australian air transport operations involving larger aeroplanes with a MTOW
of greater than 8,618 kg or a MOPSC of more than nine. Unlike Part 135 of
CASR, Part 121 of CASR requires all flights to be conducted by a minimum of
two pilots under the IFR; no VFR flights are permitted. Among other things,
Part 121 of CASR also has a different set of rules that prescribe when an
alternate aircraft operations site must be planned for a flight; the flight
crew training and checking requirements are also more prescriptive and
specific under this Part.
The exemptions under CASA EX137/21 were planned to cease
if transitional operators did not submit to the Civil Aviation Safety
Authority (CASA), before 2 June 2022, their proposed exposition changes
showing how the operator would comply with safety conditions contained in Schedule
1 of CASA EX137/21, which were planned take effect on and from
2December2022.
Following informal consultation with, and feedback from,
the affected industry sector, CASA agreed that relevant transitional
operators could be given further time to prepare for compliance with the Schedule
1 safety conditions.
The exemption instrument, therefore, provides an
additional 12 months for transitional operators to comply by remaking the
exemption instrument and changing references to the 2December 2022
compliance date to 2December 2023.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1December
2022 [F2022L01558]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: immediately before 2December
2022
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA OAR 210/22 – Temporary
Restricted Areas Etc. – Declaration, Direction and Determination (Southern
Launch VS02 and VS03 Campaigns) Instrument 2022 [F2022L01631]
What it does:
|
Other Details:
|
The instrument was repealed at the end of 20 December
2022.
The instrument provided for the safety of aviation in
certain areas of Australian-administered airspace during the course of
approved rocket launch activity by SouthernLaunch.Space Pty Ltd.
Acting under an approval issued by the Australian Space
Agency, Southern Launch is a corporation that owns and operates ranges for
the purposes of rocket launches into space.
The instrument designated those parts of the areas that
are inside Australian territory to be temporary restricted areas for proposed
launches. A temporary restricted area is a volume of airspace where, for a
period of less than 3 months, as a result of activities in, or impacting on,
the area, aviation safety requires that aircraft flight over the area be
restricted and only permitted in accordance with specified conditions.
The instrument also directed that those parts of the
relevant areas that are outside Australian territory (but inside
Australian-administered airspace) are to be temporary notional restricted
areas for the launches. However, in this case, the airspace is over the high
seas and is, therefore, subject to international freedom of navigation rights
under the Chicago Convention (the Convention on International Civil
Aviation). Hence, the conditional access rules that apply to
Australian-registered aircraft do not apply in the same way to foreign
registered aircraft.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01631]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 14 December 2022
Made under: regulations
6 and 9
of the AirspaceRegulations
2007 and regulation
11.245 of the Civil Aviation
Safety Regulations 1998
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Civil Aviation Safety Amendment
(Flight Operations—Parts 119 and 138) Regulations 2022 [F2022L01612]
What it does:
|
Other Details:
|
The instrument amends Civil Aviation
Safety Regulations 1998 (CASR) by enabling the CivilAviation Safety
Authority (CASA) to prescribe that specified kinds of aviation operations are
not an ‘Australian
air transport operation’ or are an ‘aerial
work operation’ consistent with the original policy intention.
Part 119 of CASR includes a power for CASA to prescribe
that a specified kind of operation is an air transport operation but does not
include a power to prescribe that a specified kind of operation is not an air
transport operation. Part 138 of CASR includes a power for CASA to prescribe
that a specified kind of operation is not an aerial work operation but does
not include a power to prescribe that a specified kind of operation is an
aerial work operation. These inadvertent omissions limit CASA’s power to
provide regulatory certainty in relation to operations that do not fit neatly
into the statutory definitions for these kinds of operations.
The instrument corrects these omissions, based on the
original policy intentions for Parts 119 and 138. These amendments are
necessary to provide a legal mechanism to give full effect to that policy.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9December
2022 [F2022L01612]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 10 December 2022
Made under: subsection
98(1) of the CivilAviation
Act 1988
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Marine Order 97 (Marine pollution
prevention — air pollution) 2022 [F2022L01550]
What it does:
|
Other Details:
|
Repeals the Marine Order 97
(Marine pollution prevention — air pollution) 2013 and gives effect to
Annex VI of theInternational
Convention for the Prevention of Pollution from Ships(MARPOL),
which deals with prevention of air pollution from vessels.
- The
instrument provides matters for the Navigation Act 2012 about the
issue under that Act of air pollution certificates which are required by
MARPOL for certain vessels. It creates offences for the release of ozone
depleting substances and sets out the documents that are required to show
compliance with controls for nitrogen oxide emissions.
- The
instrument also restricts incineration on board vessels and regulates energy
efficiency, including the reporting of fuel oil consumption and carbon
intensity data. The Marine Order prescribes matters for the Pollution
Prevention Act, particularly in relation to the sulphur content of fuel oil
and the Register of Local Suppliers of Fuel Oil.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
November 2022 [F2022L01550]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 January 2023
Made under: subsection342(1) of theNavigation Act 2012and subsection34(1) of theProtection of the Sea (Prevention of Pollution from
Ships) Act1983
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Marine Safety (Domestic Commercial Vessel) National
Law Amendment Regulation 2022 [F2022L01622]
Telecommunications Legislation
Amendment and Repeal (2022 Measures No. 1) Instrument 2022 [F2022L01606]
What it does:
|
Other Details:
|
The instrument amends the Telecommunications
(Labelling Notice for Customer Equipment and Customer Cabling) Instrument
2015 (the Telecommunications Labelling Notice).
Specifically, the instrument amends the Telecommunications
Labelling Notice to:
- enable
the use of a QR code, or similar thing, as an alternative form of compliance
label
- remove
outdated references to supplier code numbers and the national database
manager
- update
the definition of national database
- make
minor changes to the requirements for registration on the national database
- clarify
and otherwise improve the drafting of some provisions.
Moreover, the instrument also repeals the following three
technical standards:
Technical standards apply to specified customer equipment
or cabling and impose requirements that are necessary or convenient to
achieve one or more of the relevant objectives under subsection
376(2) of the Telecommunications
Act 1997, including protecting the integrity of a telecommunications
network or a facility.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01606]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: Sections 1 to 4 and Schedules1
and 2 commence on 9December2022. Schedule 3 commences on 22
December 2022.
Made under: subsections
376(1) and 407(1)
of the Telecommunications
Act 1997, and subsection
33(3) of the Acts
Interpretation Act 1901
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Telecommunications (Mobile
Equipment Air Interface) Technical Standard 2022 [F2022L01624]
What it does:
|
Other Details:
|
The instrument reflects the latest technical requirements
for particular customer equipment. The instrument:
- applies
to any item of customer equipment that is designed or intended for use in
connection with a PMTS (public mobile telecommunications service) or a
satellite service (or both), and is an addressable device;
- adopts
AS/CA: S042.1:2022, AS/CA S042.4:2022 and AS/CA S042.5:2022, which are,
respectively, parts 1, 4 and 5 of the Requirements For Connection to an Air
Interface of a Telecommunications Network;
- generally,
provides that an item must meet certain requirements in relation to each
adopted industry standard, applicable to the item, as existing at one of the
times specified for the item;
- provides
a 12-month default transition period for any amendment or replacement of an
adopted industry standard applicable to an item;
- includes
savings and transitional arrangements for items manufactured or modified in
Australia, or imported, before the commencement of the Standard or during the
12-month period starting at the commencement of the Standard.
The requirements are intended as safeguards to ensure that
customer equipment in Australia meets the legislative objectives of
protecting the integrity of a telecommunications network or a facility,
ensuring that customer equipment can be used to give access to an emergency
call service, protecting the health and safety of persons who are reasonably
likely to be affected by the operation of a telecommunications network or a
facility, and ensuring the interoperability of customer equipment with a telecommunications
network.
The Standard also incorporates some drafting changes to
clarify and streamline the provisions.
See the ExplanatoryStatement
for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01624]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 22 December 2022
Made under: section
376(1) of the Telecommunications
Act 1997
Regulation Impact Statement: not required (see
page 4 of the ExplanatoryStatement
for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Variation to Licence Area Plan – Charleville Radio – 2022 (No. 1) [F2022L01575]
What it does:
|
Other Details:
|
The instrument amends the Licence Area Plan –
Charleville (Radio) – August 1996 (theCharleville LAP) to vary the
characteristics, including technical specifications, of Charleville’s
community radio broadcasting services in the Charleville RA2 licence area.
Specifically, the instrument:
- adds
technical specifications to the Charleville LAP for the existing
transmissions of the 4RR community radio broadcasting service at Augathella,
Cunnamulla and Morven
- extends
the Charleville RA2 licence area to include the areas of Augathella,
Cunnamulla and Morven
- removes
from the Charleville LAP the specification planned for the now unused
community radio broadcasting service in the Cunnamulla RA1 licence area.
Consequently, this licence area will also be removed.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01575]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 6 December 2022
Made under: subsection
26(2) of the Broadcasting
Services Act 1992
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Back to top
Prime
Minister and Cabinet
No instruments tabled in the relevant period.
Back to top
Social Services
No instruments tabled in the relevant period.
Back to top
Treasury
ASIC Corporations (Short Selling)
Amendment Instrument 2022/968 [F2022L01582]
What it does:
|
Other Details:
|
The instrument amends the ASIC Corporations
(Short Selling) Instrument 2018/745 (the Principal Instrument).
Although naked short selling of certain financial products
is generally prohibited under subsection
1020B(2) of the Corporations Act
2001, the Principal Instrument provides exemptions to this
restriction in limited circumstances. A naked short sale is a sale of a
financial product made in circumstances where the seller does not have a
presently exercisable and unconditional right to vest the financial product
in the buyer at the time of the sale.
Specifically, the Principal Instrument permits naked short
selling:
- by
a market maker of a financial product which is a constituent of the
S&P/ASX 300 Index or an interest in the SPDR S&P/ASX 200 Fund for the
purposes of hedging risks arising from market making activities
- during
a deferred settlement trading period under a public offer or other corporate
action.
The instrument amends the Principal Instrument to:
- permit
the naked short sale by a market maker of an interest in the Vanguard MSCI
Index International Shares exchange traded fund (ETFs), the iShares Core
S&P 500 ETF and the Betashares NASDAQ 100 ETF, for the purposes of
hedging risks arising from market making activities in a European-style
exchange traded option (ETO) whose underlying interest is in respect of one
of the aforementioned ETFs
- permit
deferred settlement trading under or in connection with a public offer where
there is a commitment to pay the application monies, or where there is an
entitlement to be transferred securities under or in connection with a
corporate action such as a compromise or arrangement under Part
5.1 of the Corporations
Act 2001
- make
other minor changes to the PrincipalInstrument.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6December
2022 [F2022L01582]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 7 December 2022
Made under: subsection
1020F(1) of the Corporations Act
2001
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
John Kehoe, ‘ASIC
probes 'naked' short selling’, Financial Review, 23 March 2020.
- Adam
Hayes, ‘Short
Selling: What Is Shorting Stocks with Pros, Cons, and Examples’,
Investopedia, 1 December 2022.
- Adam
Hayes, ‘What
Is Naked Short Selling, How Does It Work, and Is It Legal?’,
Investopedia, 17July 2022.
- Akhileshi
Ganti, ‘Exchange-Traded
Option’, Investopedia, 25 May 2022.
- Andrew
Bloomenthal, ‘Market
Maker Definition: What It Means and How They Make Money’, Investopedia,
31 August 2021.
- ‘Betashares NASDAQ
100 ETF’, BetaShares Exchange Traded Funds.
- ‘Hedge Definition: What
It Is and How It Works in Investing’, Investopedia, 18October 2022.
- ‘iShares
Core S&P 500 ETF’, iShares.
- James
Chen, ‘Exchange-Traded
Fund (ETF) Explanation With Pros and Cons’, Investopedia, 17 October
2022.
- ‘S&P/ASX
300’, S&P Dow Jones Indices.
- ‘SPDR S&P/ASX 200 FUND’,
ASX.
- ‘Vanguard
MSCI Index International Shares ETF (VGS)’, Vanguard.
- ‘What
is deferred settlement?’, OpenTrader.
|
ASIC Market Integrity Rules
(Securities Markets) Determination 2022/994 [F2022L01570]
What it does:
|
Other Details:
|
The instrument determines the allocation of Equity Market
Products to Tier 1 and Tier 2 based on a periodic calculation of 2.5% of each
product’s average daily value transacted in the preceding six-month period.
Chapter 6 of
theASIC Market Integrity Rules (Securities Markets)
2017(theRules)
sets out market integrity rules relating to pre-trade transparency of Orders
and post-trade transparency of transactions executed on or reported to a
Market, including in relation to Equity Market Products.
A Block
Trade is a key concept in Chapter
6 and has the meaning given by subrule 6.2.1(1). Relevantly, subrule 6.2.1
defines a minimum amount of money as consideration for a transaction to
constitute a Block Trade.
This amount of money
varies between Tier 1, Tier 2, and Tier 3 Equity Market Products.
The instrument maintains ASIC’s policy of determining the allocation
of Equity Market Products to Tier 1 and Tier 2 based on a periodic
calculation of 2.5% of each product’s average daily value transacted in the
preceding six-month period,of at least $1 million for Tier 1 Equity Market Products and $500,000
for Tier 2 Equity Market Products(or
other material number of Trading Days if the product was not quoted during
the entire period).
See also
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
December 2022 [F2022L01570]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 11 January 2023
Made under: subrule 6.2.1(4) of the ASIC Market
Integrity Rules (Securities Markets) 2017
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
ASIC Market Integrity Rules
(Securities Markets) Repeal Instrument 2022/995 [F2022L01571]
Auditing Standard ASA 2022-2
Amendments to Australian Auditing Standards [F2022L01638]
What it does:
|
Other Details:
|
The instrument amends the requirements, application and
explanatory material of:
The instrument, among other things, imposes an obligation
on auditors to:
- implement
quality management procedures
- obtain
an understanding of the financial reporting framework that applies to
relevant entities that are subject to an audit.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13December
2022 [F2022L01638]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 15 December 2022
Made under: section
227B of the Australian
Securities and Investments Commission Act 2001 and section
336 of the Corporations
Act 2001
Regulation Impact Statement: A Regulation Impact
Analysis was prepared for the auditing standards on which the changes in the
current instrument are based (see page 4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Australian Securities and Investments Commission
(Financial Services and Credit Panels—Remuneration) Instrument 2022 [F2022L01594]
What it does:
|
Other Details:
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The instrument determines the remuneration to be paid to a
member of a Financial Services and Credit (FSC) Panel.
Section 143 of
the Australian Securities and Investments Commission Act
2001 outlines that a member of an FSC Panel
is to be paid the remuneration as determined by the Remuneration Tribunal. If
no determination by the Remuneration Tribunal is in operation, the FSC panel
member is to be paid the remuneration as prescribed by a legislative
instrument made under subsection 143(4).
The
Remuneration Tribunal is yet to make a determination on remuneration for
members of an FSC Panel. Until the Remuneration Tribunal makes such a
determination, the Instrument prescribes the remuneration and allowances for
a member of an FSC Panel. The remuneration prescribed by the Instrument will
apply only until the Remuneration Tribunal makes a relevant determination.
The Remuneration Tribunal’s existing determinations have been used as the
baseline in setting the remuneration prescribed by the Instrument.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
December 2022 [F2022L01594]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 9 December 2022
Made under: subsection
143(4) of the Australian
Securities and Investments Commission Act 2001
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking (prudential standard)
determination No. 3 of 2022 [F2022L01609]
What it does:
|
Other Details:
|
The instrument revokes the Banking (prudential
standard) determination No. 3 of 2018 and determines a new Prudential
Standard APS 330 Public Disclosure.
The instrument requires a locally-incorporated authorised
deposit-taking institution (ADI) to meet minimum requirements for the public
disclosure of key information on its capital, risk exposures, remuneration
practices and, where applicable, its leverage ratio, liquidity coverage
ratio, net stable funding ratio and indicators for the identification of
potential global systemically important banks.
The key requirements of the instrument are that an ADI
must disclose:
- the
composition of its regulatory capital in a standard form
- a
reconciliation between the composition of its regulatory capital and its
audited financial statements
- the
full terms and conditions of its regulatory capital instruments and the main
features of these instruments in a standard form
- quantitative
and qualitative information about its capital adequacy, credit and other
risks, with the extent of disclosure dependent on whether it has approval to
use ‘advanced approaches’ to measure credit risk and operational risk
- where
applicable, quantitative and qualitative information on its liquidity
coverage ratio and net stable funding ratio
- where
applicable, quantitative and qualitative information about its leverage ratio
- quantitative
and qualitative information on its approach to remuneration, including
aggregate information on its remuneration of senior managers and material
risk-takers
- where
applicable, quantitative information on the global systemically important
banks indicators.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 9December
2022 [F2022L01609]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential
Regulation Authority.
- Adam
Hayes, ‘Leverage
Ratio: What It Is, What It Tells You, How To Calculate’, Investopedia, 30
April 2020.
- Chris
B Murphy, ‘Liquidity
Coverage Ratio (LCR): Definition and How To Calculate’, Investopedia, 20
June 2022.
- ‘Global systemically important banks:
assessment methodology and the additional loss absorbency requirement’,
Bank for International Settlements, 21November 2022.
- ‘What
is the Net Stable Funding Ratio?’, Sia Partners, 23 June 2020.
|
Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
What it does:
|
Other Details:
|
The instrument determines a new Prudential Standard APS
110 Capital Adequacy and revokes the Banking (prudential
standard) determination No. 4 of 2015 - Prudential Standard APS 110 - Capital
Adequacy.
This instrument requires an authorised deposit-taking
institution (ADI) to maintain adequate capital, on both a Level
1 and Level
2 basis, to act as a buffer against the risk associated with its
activities.
The key requirements of the instrument are that an ADI and
any Level 2 group must:
- have
an Internal Capital Adequacy Assessment Process
- maintain
required levels of regulatory capital
- operate
a capital conservation buffer and a countercyclical capital buffer (CCyB)
A CCyB will apply in an expanded range of 0 to 3.5 percent
of total risk-weighted assets (RWAs). The actual level of the CCyB will be
determined by the Australian Prudential Regulation Authority (APRA) and
communicated to entities.
A capital conservation buffer of 2.5percent of
RWAs will continue to apply to ADIs that use the standardised approach to
credit risk, while 3.75percent of RWAs will now apply for ADIs
using the internal ratings-based approach (IRB) to credit risk. An additional
1.0 per cent of RWAs will continue to apply for ADIs that are deemed by APRA
to be domestic systemically important banks.
Each IRB ADI will apply a capital floor that will result
in its total RWA being at least 72.5 per cent of the total RWA calculated
under the standardised approach.
- inform
APRA of any adverse change in actual or anticipated capital adequacy
- seek
APRA’s approval for any planned capital reductions.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
discussed above
and
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01599]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: yes (refer to the Supporting
Material for the instrument for a copy of the Regulation Impact
Statement)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘APRA
Explains: Risk-weighted assets’, Australian Prudential Regulation
Authority.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential
Regulation Authority.
- ‘Capital buffers’,
Australian Prudential Regulation Authority.
- ‘Countercyclical
capital buffer’, Australian Prudential Regulation Authority,
11December 2019.
- Deloitte,
Capital
Management and Internal Capital Adequacy Assessment Process (ICAAP),
risk advisory report, April 2018.
- ‘Internal
ratings-based (IRB) approach’, Risk.net.
- Julia
Kagan, ‘What Is an
Advanced Internal Rating-Based (AIRB) Approach’, Investopedia, 31 March
2021.
- Alicia
Tuovila, ‘Risk-Weighted
Assets: Definition and Place in Basel III’, Investopedia, 18 December
2020.
|
Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 3 of 2021 and determines Prudential Standard
APS 111 Capital Adequacy: Measurement of Capital.
The instrument sets out the characteristics that an
instrument must have to qualify as Regulatory Capital for an authorised
deposit-taking institution and the various regulatory adjustments to be made
to determine total Regulatory Capital on both a Level 1 and Level 2 basis.
Specifically, the instrument provides that an authorised
deposit-taking institution must:
- include
in the appropriate category of Regulatory Capital only those capital
instruments that meet the detailed criteria for that category
- ensure
all Regulatory Capital instruments are capable of bearing loss on either a
‘going-concern’ basis (Tier 1 Capital) or a ‘gone-concern’ basis (Tier 2
Capital)
- make
certain regulatory adjustments to capital, mainly from Common Equity Tier 1
Capital, to determine total RegulatoryCapital.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
discussed above
and
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 2December
2022 [F2022L01562]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- Adam
Gorajek and Grant Turner, ‘Australian
Bank Capital and the Regulatory Framework’, Reserve Bank of Australia,
September 2010.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential
Regulation Authority.
- ‘Capital explained’,
Australian Prudential Regulation Authority.
- ‘Going
Concern versus Gone Concern’, OpenRisk Manual.
- Will
Kenton, ‘Going
Concern’, Investopedia, 7October 2021.
|
Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
What it does:
|
Other Details:
|
The instrument determines Prudential Standard APS 112
Capital Adequacy: Standardised Approach to Credit Risk and revokes the Banking (prudential
standard) determination No. 2 of 2018.
The instrument requires an authorised deposit-taking
institution to hold sufficient regulatory capital against its credit risk
exposures.
The key requirements of this instrument are that an
authorised deposit-taking institution:
- must
apply risk weights to its on-balance and off-balance sheet exposures for
capital adequacy purposes. Risk weights are broadly aligned with the
likelihood of counterparty default
- may
reduce the credit risk capital requirement for its on-balance and off-balance
sheet exposures where the exposure is covered by eligible lenders’ mortgage
insurance, or an eligible credit risk mitigation technique.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
discussed above
and
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01602]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: yes (refer to the Supporting
Material for the instrument for a copy of the Regulation Impact
Statement)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and Analysis
Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential
Regulation Authority.
- ‘Lenders
Mortgage Insurance’, Insurance Council of Australia.
- Adam
Hayes, ‘Off-Balance
Sheet (OBS)’, Investopedia, 17 April 2021.
- ‘Credit Risk:
Definition, Role of Ratings, and Examples’, Investopedia, 15 March 2022.
- James
Chen, ‘Capital
Requirements: Definition and Examples’, Investopedia, 31December
2020.
|
Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
What it does:
|
Other Details:
|
The instrument determines Prudential Standard APS 113
Capital Adequacy: Internal Ratings-based Approach to Credit Risk and revokes
the Banking
(prudential standard) determination No. 6 of 2012 - Prudential Standard APS
113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk.
The instrument sets out the requirements that an
authorised deposit-taking institution that has, or is seeking, approval to
use an internal ratings-based approach to credit risk must meet, both at the
time of initial implementation and on an ongoing basis.
The key requirements of this instrument are that an
authorised deposit-taking institution must:
- determine
the capital requirement for a given credit exposure, within certain
parameters set by the Australia Prudential Regulation Authority
- develop
and maintain rating and risk estimation systems and processes that provide
for a meaningful assessment of borrower and transaction characteristics,
meaningful differentiation of risk, and accurate and consistent quantitative
estimates of risk
- ensure
that systems and processes for the internal ratings-based approach to
determining capital also play an integral role in the institution’s credit
approval, risk management and internal capital allocation functions.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
discussed above
and
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01603]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: yes (refer to the Supporting
Material for the instrument for a copy of the Regulation Impact
Statement)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Credit Risk:
Definition, Role of Ratings, and Examples’, Investopedia, 15 March 2022.
- ‘Internal
ratings-based (IRB) approach’, Risk.net.
- Will
Kenton, ‘Capital
Allocation Definition’, Investopedia, 7 November 2020.
|
Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 8 of 2012, Banking (prudential
standard) determination No. 7 of 2012 and Banking (prudential
standard) determination No. 6 of 2020 and determines a new Prudential
Standard APS 115 Capital Adequacy: Standardised Measurement Approach to
Operational Risk.
The instrument requires an authorised deposit-taking
institution to hold sufficient regulatory capital against its operational
risk exposures.
The key requirement of this instrument is that an
authorised deposit-taking institution that is a significant financial
institution must calculate its capital requirement for operational risk based
on its business indicator, which is a financialstatement-based proxy of
its operational risk exposure.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
discussed above
and
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01563]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- Adam
Gorajek and Grant Turner, ‘Australian
Bank Capital and the Regulatory Framework’, Reserve Bank of Australia,
September 2010.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential
Regulation Authority.
- Bank
for International Settlements, ‘Operation risk
standardised approach – Executive Summary’, Financial Stability
Institute.
- David
Jacobson, ‘What
is a significant financial institution?’, Bright Law, 5April
2022.
|
Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 4 of 2014 and determines a new Prudential
Standard APS 116 Capital Adequacy: Market Risk.
The instrument requires an authorised deposit-taking
institution engaging in activities that give rise to risks associated with
potential movements in market prices to adopt risk management practices and
hold regulatory capital that is commensurate with the risks involved.
Specifically, the instrument provides that an authorised
deposit-taking institution must:
- have
a framework to manage, measure and monitor market risk commensurate with the
nature, scale and complexity of the institution’s operations
- use
the standard method or an APRA-approved internal model approach to determine
the institution’s capital requirement for market risk.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
discussed above
and
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01564]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
What it does:
|
Other Details:
|
The instrument revokes the Banking (prudential
standard) determination No. 3 of 2017 and determines a new Prudential
Standard APS 120 Securitisation.
This instrument aims to ensure that an authorised
deposit-taking institution adopts prudent practices to manage the risks
associated with securitisation and to ensure sufficient regulatory capital is
held against the associated credit risk.
The key requirements of the instrument are that an
authorised deposit-taking institution must:
- have
a risk management framework covering its involvement in a securitisation
- ensure
there is clear and prominent disclosure of the nature and limitations of its
obligations arising from its involvement in a securitisation
- not
provide implicit support to a securitisation
- calculate
regulatory capital for credit risk against its securitisation exposures.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
discussed above, and
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
-
Banking (prudential standard) determination No. 12 of
2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01600]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘Authorised
deposit-taking institution (ADI)’, Australian Transaction Reports and
Analysis Centre.
- ‘Register
of authorised deposit-taking institutions’, Australian Prudential Regulation
Authority.
- Chris
Gallant, ‘What Is
Securitization? Definition, Meaning, Types, and Example’, Investopedia,
15 December 2021
- ‘Credit Risk:
Definition, Role of Ratings, and Examples’, Investopedia, 15 March 2022.
- James
Chen, ‘Securitization:
Definition, Pros & Cons, Examples’, Investopedia, 7November
2020.
|
Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 1 of 2019, including Prudential Standard APS
121 Covered Bonds and determines a new Prudential Standard APS 121 Covered
Bonds.
This instrument sets out requirements for the issuing of
covered bonds by authorised deposit‑taking
institutions.
Specifically, the instrument provides that an authorised
deposit-taking institution must:
- adopt
policies and procedures to manage risks relating to its issuance of covered
bonds
- apply
an appropriate capital treatment to exposures associated with covered bond
issuance.
The instrument is to be read in conjunction with Division
3A of Part II of the BankingAct
1959, which sets out the legislative framework for covered bonds.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
discussed above, and
- Banking
(prudential standard) determination No. 12 of 2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01566]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking (prudential standard) determination No. 12 of 2022 [F2022L01630]
What it does:
|
Other Details:
|
The instrument determines
Prudential Standard APS 180 Capital Adequacy: Counterparty Credit Risk and
revokes the Banking (prudential standard) determination No. 1 of 2018.The instrument requires an authorised deposit-taking
institution to adopt risk management practices and hold sufficient regulatory
capital for counterparty credit risk exposures arising from over-the-counter
derivative transactions, exchange-traded derivative transactions, securities
financing transactions and long settlement transactions.
The key requirements
of the instrument are that an authorised deposit-taking institution must:
- calculate
counterparty credit risk exposure amounts according to the standardised
approach or the adjusted current exposure method
- apply
risk weights to counterparty credit risk exposure amounts for capital
adequacy purposes
- where
applicable, calculate and hold a credit valuation adjustment risk capital
charge
- where
applicable, calculate and hold a default fund capital charge for default fund
contributions to a qualifying central counterparty and
- adopt
risk management practices for bilateral and centrally cleared counterparty
credit risk exposures.
See the Explanatory
Statement for the instrument for further
information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
discussed above, and
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01630]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: section
11AF(1) and (3)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking (prudential standard) determination No. 13 of
2022 [F2022L01620]
What it does:
|
Other Details:
|
The instrument determines Prudential Standard APS 210
Liquidity (APS 210) and revokes the Banking (prudential
standard) determination No. 1 of 2017 - Prudential Standard APS 210 Liquidity.
The instrument
requires an authorised deposit-taking institution to adopt prudent practices
in managing its liquidity risks and to maintain an adequate level of
liquidity to meet its obligations as they fall due across a wide range of
operating circumstances.
The key requirements
of the instrument are that an authorised deposit-taking institution must:
- have a risk management framework to
measure, monitor and manage liquidity risk that is commensurate with the
nature, scale and complexity of the institution
- maintain a portfolio of liquid assets
sufficient in size and quality to enable the institution to withstand a
severe liquidity stress and
- maintain a robust funding structure
appropriate for its size, business mix and complexity.
APS 210
incorporates by reference the Basel III leverage ratio framework and
disclosure requirements as set out by the Basel Committee on Banking
Supervision inBasel III leverage ratio framework and disclosure
requirements as it
exists at 12 January 2014.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
- Banking
(prudential standard) determination No. 12 of 2022 [F2022L01630]
discussed above, and
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01620]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: section
11AF of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking (prudential standard)
determination No. 14 of 2022 [F2022L01576]
What it does:
|
Other Details:
|
The instrument revokes the Banking (prudential
standard) determination No. 1 of 2022 and replaces it with a new
Prudential Standard APS 220 Credit Risk Management.
The instrument requires an
authoriseddeposit-takinginstitution to implement a credit risk
management framework that is appropriate to its size, business mix and
complexity.
In particular the instrument requires that an authorised
deposit-taking institution maintain:
- an
appropriate credit risk appetite statement and credit risk management
strategy that reflects its credit risk appetite and credit risk profile
- prudent
policies and processes to identify, measure, monitor, report and control or
mitigate credit risk over the full credit life-cycle
- sound
credit assessment and approval criteria, including for the comprehensive
assessment of a borrower’s repayment capacity
- an
appropriate system for the ongoing administration of its credit portfolio
- prudent
policies and processes for the early identification and management of problem
exposures, including non-performing and restructured exposures and other
transactions
- appropriate
credit risk practices, including an effective system of internal control, to
consistently determine adequate provisions in accordance with the authorised
deposit-taking institution’s stated policies and processes and Australian
Accounting Standards
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
- Banking
(prudential standard) determination No. 12 of 2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- discussed
above, and
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01576]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Banking (prudential standard)
determination No. 15 of 2022 [F2022L01577]
What it does:
|
Other Details:
|
The instrument revokes the Banking (prudential
standard) determination No. 4 of 2019 and determines the Prudential
Standard APS 221 Large Exposures.
The instrument requires authoriseddeposit-taking
institutions to implement prudent measures and to set prudent limits to
monitor and control their large exposures and risk concentrations.
Specifically, the instrument provides that an authorised
deposit-taking institution must:
- have
a Board-approved policy that governs its large exposures and risk
concentrations
- have
adequate systems and controls to identify, measure, monitor and report large
exposures and risk concentrations
- identify
connected counterparties
- ensure
its large exposures meet the large exposure limits
- measure
exposure values for large exposure purposes using specified treatments.
See the Explanatory
Statement for the instrument for further information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
- Banking
(prudential standard) determination No. 12 of 2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
discussed above, and
- Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
discussed below.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01577]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking
(prudential standard) determination No. 16 of 2022 [F2022L01572]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 2 of 2019, and determines a new Prudential
Standard APS 310 Audit and Related Matters (APS 310).
The instrument requires an authorised deposit-taking
institution (ADI) to ensure that the Australian Prudential Regulation
Authority (APRA) has access to independent advice from an auditor relating to
the operations, internal controls and information provided to APRA in respect
of that ADI. In addition, the standard sets out requirements for the roles
and responsibilities of the appointed auditor.
Specifically, the instrument provides that an ADI must, on
a Level
1 and Level
2 basis:
- appoint
an auditor to undertake the functions set out in the instrument
- ensure
that, as appropriate, the appointed auditor is able to fulfil its
responsibilities in accordance with the instrument
See the Explanatory
Statement for the instrument for further
information.
See also:
- Banking
(prudential standard) determination No. 3 of 2022 [F2022L01609]
- Banking
(prudential standard) determination No. 4 of 2022 [F2022L01599]
- Banking
(prudential standard) determination No. 5 of 2022 [F2022L01562]
- Banking
(prudential standard) determination No. 6 of 2022 [F2022L01602]
- Banking
(prudential standard) determination No. 7 of 2022 [F2022L01603]
- Banking
(prudential standard) determination No. 8 of 2022 [F2022L01563]
- Banking
(prudential standard) determination No. 9 of 2022 [F2022L01564]
- Banking
(prudential standard) determination No. 10 of 2022 [F2022L01600]
- Banking
(prudential standard) determination No. 11 of 2022 [F2022L01566]
- Banking
(prudential standard) determination No. 12 of 2022 [F2022L01630]
- Banking
(prudential standard) determination No. 13 of 2022 [F2022L01620]
- Banking
(prudential standard) determination No. 14 of 2022 [F2022L01576]
and
- Banking
(prudential standard) determination No. 15 of 2022 [F2022L01577]
discussed above.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01572]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement
for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking, Insurance, Life Insurance
and Superannuation (prudential standard) determination No. 2 of 2022 [F2022L01578]
What it does:
|
Other Details:
|
The instrument determines Prudential Standard CPS 226
Margining and risk mitigation for non-centrally cleared derivatives. It also
revokes Banking,
Insurance, Life Insurance and Superannuation (prudential standard)
determination No. 1 of 2022.
The instrument requires an Australian Prudential
Regulation Authority (APRA) covered entity to have appropriate margining
practices in relation to non-centrally cleared derivatives. An APRA covered
entity must exchange variation margin and post and collect initial margin
with a covered counterparty, subject to certain criteria.
Specifically, the instrument provides that an APRA covered
entity must:
- exchange
variation margin, and post and collect initial margin in transactions with a
covered counterparty subject to certain criteria and the implementation
timetables
- use
a zero threshold in the exchange of variation margin
- post
and collect initial margin on a gross basis calculated by either the
standardised schedule or an approved model approach
- ensure
that initial margin is held in a manner that provides legal certainty to both
counterparties in the event of insolvency or bankruptcy
- collect
eligible collateral to satisfy margin requirements and apply appropriate
risk-sensitive haircuts to collateral collected.
The instrument also requires an APRA covered entity to
apply risk mitigation practices in the areas of trading relationship
documentation, trade confirmation, portfolio reconciliation, portfolio
compression, valuation processes and dispute resolution processes.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5December
2022 [F2022L01578]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: subsections
11AF(1) and 11AF(3)
and of the Banking
Act 1959; subsections
32(1) and 32(4)
of the Insurance
Act 1973; subsections
230A(1) and 230A(5)
of the LifeInsurance
Act 1995; subsections
34C(1) and 34C(6)
of the Superannuation
Industry (Supervision) Act 1993.
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for
the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About APRA’, Australian
Prudential Regulation Authority.
- ‘Margining
and risk mitigation for non-centrally cleared derivatives - frequently asked
questions’, Australian Prudential Regulation Authority.
- ‘Derivative
categories’, PWC, 29 November 2022.
- Ian
Zhou, Financial
derivatives and their regulation, Research paper series, 2022–23, (Canberra:
Parliamentary Library, 2022).
- James
Chen, ‘Initial
Margin: Definition, Minimum Requirements, Example’, Investopedia, 21 November
2021.
- James
Chen, ‘Variation
Margin: Definition, Calculation, Examples’, Investopedia, 26January
2021
- Jason
Fernando, ‘Margin
and Margin Trading Explained Plus Advantages and Disadvantages’,
Investopedia, 23 August 2022.
- Julia
Kagan, ‘Collateral
Definition, Types, & Examples’, Investopedia, 25 September 2022.
- Luitgard
Anna Maria Veraart, ‘When does
portfolio compression reduce systemic risk?’, Mathematical Finance 32,
no. 3 (1 March 2022): 727-78.
|
Corporations Amendment (Litigation Funding)
Regulations 2022 [F2022L01614]
What it does:
|
Other Details:
|
The instrument amends the Corporations
Regulations 2001 to provide litigation funding schemes with an explicit
exemption from the managed investment scheme (MIS) regime, Australian
Financial Services Licence (AFSL) requirements, product disclosure regime and
anti-hawking provisions in the CorporationsAct
2001 (theAct).
Litigation funding schemes and arrangements involve an
entity that is not a party to the litigation (a third-party litigation
funder) paying the costs of litigation or indemnifying parties from adverse
costs orders in return for a percentage share of the proceeds if the
litigation is successful. The Act’s MIS and ASFL regimes were not designed or
intended to regulate the litigation funding industry.
The amendments
also clarify the status of the law in the Corporations Regulations
following the Full Federal Court’s decision inLCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103 (the LCM case). In the LCM case, the Full Federal Court
found the Court’s earlier decision in Brookfield Multiplex Ltd v International
Litigation Funding Partners Pte Ltd[2009] FCAFC 147 (20 October 2009), that litigation
funding schemes are subject to the MIS regime, was fundamentally wrong.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
December 2022 [F2022L01614]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 10 December 2022
Made under: section
1364 of the CorporationsAct
2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: see pages 5 to 8 of the Senate
Standing Committee for the Scrutiny of Delegated Legislation, Delegated
Legislation Monitor, 1, 2023, 25 January 2023.
Commentary:
- Stephen
Jones (Assistant Treasurer and Minister for Financial Services), ‘Improving
access to justice for class actions’, media release, 16 December 2022.
- Austin
Bell, Felicity Karageorge and James Shiel-Dick, ‘Corporations Amendment (Litigation Funding) Regulations
2022’, Johnson Winter Slattery, December 2022.
- Belinda
Thompson, Andrew Burns and Lachlan Prider, ‘AFSL
requirement short-lived for class action funders’, Allens, 12
September 2022.
- Patrick
McGrath and Claire Gomo, ‘Law
reform in class actions and litigation funding in Australia’, Sparke
Helmore, 17 November 2022.
- Tass
Liveris, Submission to the Treasury - Exemptions for litigation
funding schemes, Law Council of Australia, 4 October 2022.
Resources:
|
Currency (Australian Coins)
Amendment (2022 Perth Mint No. 3) Determination 2022 [F2022L01637]
What it does:
|
Other Details:
|
The instrument amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of 16 new
noncirculating coins proposed to be issued by the Perth Mint. It also amends
the details of 4coins previously determined.
Subsection
13(2) and section
13A of the Currency
Act 1965 provide that the Treasurer may, by legislative
instrument, determine details of Australian coin characteristics including
denomination, standard composition, standard weight, allowable variation from
standard weight, design and dimensions.
Pursuant to these provisions, the instrument determines
various 2023 edition gold, silver and platinum coins ranging from $1 to
$3,000 in value.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13December
2022 [F2022L01637]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 14 December 2022
Made under: subsection
13(2) and section
13A of the Currency
Act 1965
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Income
Tax Assessment (1936 Act) Amendment (Period of Review) Regulations 2022
[F2022L01604]
What it does:
|
Other Details:
|
The instrument amends section
14 of the Income
Tax Assessment (1936 Act) Regulation 2015 to exclude certain entities
with particularly complex tax affairs or significant international tax
dealings from a shortened two year period of review in respect of income tax
assessments. Instead these entities will be subject to the standard four year
period of review of income tax.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8December
2022 [F2022L01604]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 9 December 2022
Made under: section
266 of the Income
Tax Assessment Act 1936
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources: none identified
|
Income Tax Assessment (Developing Country Relief
Funds) Amendment (Update No. 1) Declaration 2022 [F2022L01587]
What it does:
|
Other Details:
|
The instrument amends the Income Tax
Assessment (Developing Country Relief Funds) Declaration 2021 to update
the list of Developing Country Relief Funds. These funds are:
- A
Liquid Future Ltd Gift Fund
- The
ICDP Foundation Fund and
- Mphatso
Children’s Foundation Gift Fund.
Income tax law
allows income tax deductions for taxpayers who make gifts of $2 or more to a
deductible gift recipient. Deductible gift recipients are entities that fall
within one of the general categories set out in Division30 of the Income Tax Assessment Act 1997 or are specifically listed by name in that Division.
Deductible gift recipient status helps eligible organisations attract public
financial support for their activities.
The Overseas
Aid Gift Deduction Scheme (OAGDS) is one of the general categories set out in
Division 30 of the Act. Australian organisations approved under the OAGDS
establish a public fund that is then declared by the Minister as a developing
country relief fund. The fund is entitled to received tax deductible gifts.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
December 2022 [F2022L01587]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 9 December 2022
Made under: Subsection 30.85(2) of the Income Tax
Assessment Act 1997
Regulation Impact Statement: noneidentified
Committee comment: none identified
Commentary: none identified
Resources:
|
Taxation Administration: Classes of
Electronic Payment System Transactions Exempt from Being Reported in Third
Party Reports Determination 2022 [F2022L01557]
What it does:
|
Other Details:
|
The instrument exempts administrators of payment systems
from having to include specified classes of transactions in reports prepared
and given to the Commissioner of Taxation. The instrument also repeals and
replaces Classes
of Electronic Payment System Transactions Exempt from Being Reported in Third
Party Reports Determination 2021.
Item 9 of the table in section
396-55 of Schedule 1 to the Taxation
Administration Act 1953 requires an administrator of a payment system
to report a transaction involving an electronic payment if:
- the
transaction is facilitated on behalf of an entity, and
- the
administrator reasonably believes that the transaction:
- provides a
payment to the entity, or a refund or cash to a customer of the entity, and
- is for the
purpose of a business carried on by the entity.
The instrument exempts administrators of a payment system
from these reporting obligations in specified circumstances, such as where
payments have been made to a carriage service provider and where payments
have been made to a utility for the provision of electricity, water,
sewerage, or gas.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1December
2022 [F2022L01557]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 July 2022
Made under: subsection
396-70(4) of Schedule1 to the Taxation
Administration Act 1953
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Taxation Administration – Single
Touch Payroll – Amounts to be Notified Amendment (Australian Apprenticeships
Incentives) Determination 2022 [F2022L01583]
Treasury Laws Amendment
(Miscellaneous and Technical Amendments) Regulations 2022 [F2022L01627]
Treasury Laws Amendment
(Rationalising ASIC Instruments) Regulations 2022 [F2022L01629]
What it does:
|
Other Details:
|
The instrument amends the Corporations
Regulations 2001 and the National Consumer
Credit Protection Regulations 2010 to incorporate longstanding and
accepted matters currently contained in ASIC legislative instruments into the
regulations.
The amendments in Schedule 1 apply to a person who provides a financial
service or credit assistance, as part of a financial counselling service or
financial capability service, if no fees or charges are payable for the
services, and independence, conflict of interest and training conditions are
met. These amendments exempt such a person from:
The amendments
in Schedule 2apply to an exemption for the trustee of aregistrablesuperannuation entity(RSE)
for dealing in a financial product (other than an interest in the entity) in
the ordinary course of operation of the entity. The amendments move the
exemption fromASIC Corporations (Superannuation and Schemes:
Underlying Investments) Instrument2016/378into theCorporations Regulations 2001. This provides ongoing relief to
superannuation trustees and improves the navigability of the law, as the
exemption will now be found near other licensing exemptions that relate to
pooled superannuation trusts.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
December 2022 [F2022L01629]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: Schedule 1 commences on 13 December
2022. Schedule 2 commences on 1 January 2023. All other provisions commence
on 13 December 2022.
Made under: section
329 of the NationalConsumer
Credit Protection Act 2009 and section 1364 of the Corporations Act
2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: see pages 14 to 16 of the Senate
Standing Committee for the Scrutiny of Delegated Legislation, Delegated
Legislation Monitor, 1, 2023, 25 January 2023.
Commentary:
Resources: none identified
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Veterans’
Affairs
Military
Rehabilitation and Compensation Legislative Instruments Omnibus Variation
Determination 2022 [F2022L01648]
Veterans’
Entitlements Legislative Instruments Omnibus Variation Determination 2022
[F2022L01649]
What it does:
|
Other Details:
|
The instrument makes consequential amendments to multiple
instruments required following the recent amendments made by the Veterans’
Affairs Legislation Amendment (Exempting Disability Payments from Income
Testing and Other Measures) Act 2021 (theamending Act).
The primary purpose of the amending Act was to exempt
certain payments made under the Veterans’
Entitlements Act 1986 (the VEA) and the Military
Rehabilitation and Compensation Act 2004 (the MRCA), known
collectively as Adjusted Disability Pension (ADP) from the social security
income test under the SocialSecurity
Act 1991.
ADP was payable under the VEA as payments of
disability pension. ADP was also payable under the MRCA as permanent
impairment compensation payments and Special Rate Disability Pension.
Because payments of ADP were not exempt from the social
security income test, a payment referred to as the Defence Force Income
Support Allowance (DFISA) was created in 2004. It provides for a payment of
DFISA to be made where a person, due to their ADP being treated as income for
the social security income test, has their social security payment reduced
(including to a nil rate).
As ADP is now exempt from the income test under social
security law, the amount of income support payment that a person receives has
now increased which makes the DFISA payment redundant.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
December 2022 [F2022L01649]
Tabled in House of Representatives: 15December
2022
Tabled in Senate: 6 February 2023
Disallowance period (sitting days): 15 days
Administered by: Veterans’ Affairs
Commencement: 15 December 2022
Made under: subsections
58A(3C), 115B(8),
117(8),
subsection 121(5C) and 122B(5)
of the Veterans’
Entitlements Act 1986
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
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Note:
a notice of a motion to disallow a legislative instrument or a provision of a
legislative instrument may be given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before
that House. If, within 15 sitting days of that House after the giving of that
notice, the House passes a resolution, in pursuance of the motion, disallowing
the instrument or provision, then the instrument or provision so disallowed
then ceases to have effect. (Legislation Act 2003, section 42).
Disallowable Instruments Lists for the House and the Senate indicate the number of sitting days remaining in which a
notice to disallow the instrument may be moved.
The
Disallowance Alert 2022 lists all instruments subject to a notice
of motion for disallowance. The progress and eventual outcome of any such
notice is also recorded.
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