15
June 2023
PDF version [811KB]
Scanlon Williams and Daniel Greiss
Law and Bills Digest Section
Nell Fraser, Thomas Rossiter, Tanya Bulmer, Carys
Fisser, Luke Buckmaster, Ellen Weaver and Edward Spink, Jerome Gavin.
Research Coordination Unit
Contents
Agriculture,
Fisheries and Forestry
Attorney-General
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
Biosecurity Amendment (Information Management)
Regulations 2023 [F2023L00550]
Back to top
Attorney-General
Telecommunications (Interception and Access)
(Requirements for Authorisations, Notifications and Revocations) Determination
2023 [F2023L00553]
What it does:
|
Other Details:
|
The instrument repeals and replaces the Telecommunications
(Interceptions and Access) (Requirements for Authorisations, Notifications
and Revocations) Determination 2018 to determine requirements for
certain authorisations, notifications and revocations under the Telecommunications
(Interception and Access) Act 1979 (TIA Act).
The TIA Act permits the Australian Federal Police
(AFP) to authorise the disclosure of information or documents on behalf of
foreign law enforcement agencies where that disclosure is reasonably
necessary for the enforcement of foreign or international laws. The AFP may
authorise disclosures for either existing or prospective information and
further authorise the disclosure of the obtained information to the
requesting foreign law enforcement agency.
Section 183 of the TIA Act provides that the
Communications Access Co-ordinator, a statutory position held by the
Secretary of the Attorney-General’s Department (section 6R of the TIA Act),
may by legislative instrument, determine requirements for the form of these
authorisations, notifications of authorisations, revocations of
authorisations and notifications of revocations.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Attorney-General's
Commencement: 17 May 2023
Made under: subsection
183(2) of the Telecommunications
(Interception and Access) Act 1979
Committee comment: none identified
Resources:
|
Back to top
Climate Change, Energy,
the Environment and Water
No instruments tabled in the
relevant period.
Back to top
Defence
No instruments tabled in the relevant period.
Back to top
Education
No instruments tabled in the
relevant period.
Back to top
Employment and Workplace Relations
Fair Work (Statement of Principles on Genuine
Agreement) Instrument 2023 [F2023L00551]
What it does:
|
Other Details:
|
The instrument makes the Statement of Principles on
Genuine Agreement, which sets out matters that the Fair Work Commission (FWC)
must take into account in determining whether it is satisfied that an
enterprise agreement ‘has been genuinely agreed to by the employees covered
by the agreement’.
Section
185 of the Fair
Work Act 2009 (FW Act) provides that an enterprise agreement
must be approved by the FWC to come into operation. Section
186 sets out general requirements for the approval of an enterprise
agreement. These requirements include that the FWC is satisfied the agreement
has been genuinely agreed to by the employees covered by the agreement.
Section
188 of the FW Act sets out requirements that must be met for the
FWC to be satisfied an enterprise agreement has been genuinely agreed to by
employees. One of these requirements, set out in subsection 188(1), is that
the FWC must take into account this Statement of Principles on Genuine
Agreement, which is made by the FWC under new section 188B. Section 188B will
be inserted into the FW Act by item 511 of Schedule 1 to the Fair Work
Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and will
commence on 6 June 2023.
The instrument was able to be made before the commencement
of section 188B relying on subsection 4(1) of the Acts
Interpretation Act 1901, which provides that where an Act that does
not come into operation immediately is expressed to confer a power to make an
instrument, unless the contrary intention appears, the power may be
exercised, and anything may be done for the purpose of enabling exercise of
the power, before the Act comes into operation as if it had come into
operation.
Pursuant to subsection
188B(4) of the FW Act, this instrument is not subject to
disallowance from the date that subsection 188B comes into operation (that
is, 6 June 2023). .
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Employment and Workplace Relations
Commencement: 6 June 2023
Made under: section 188B of the Fair Work Act
2009
Committee comment: none identified
Resources:
|
Back to top
Finance
Financial Framework (Supplementary
Powers) Amendment (Agriculture, Fisheries and Forestry Measures No. 1)
Regulations 2023 [F2023L00541]
What it does:
|
Other Details:
|
The instrument
amends the Financial
Framework (Supplementary Powers) Regulations 1997 to
establish legislative authority for government spending on the National
livestock traceability reform to enhance agricultural biosecurity in relation
to exports program.
The program is
administered by the Department of Agriculture, Fisheries and Forestry. The Government will provide an ad hoc
grant of up to $26.6 million in 2022-23 to an appropriate industry
organisation (or organisations) to support the improvement and enhancement of
Australia’s livestock traceability database and supporting system. The
National Livestock Identification System is Australia’s system for the
identification and tracking of livestock, including cattle, sheep and goats
for food safety, disease control, animal welfare, and to meet market access
commitments.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-26.
Resources:
|
Financial Framework (Supplementary Powers) Amendment (Climate Change,
Energy, the Environment and Water Measures No. 2) Regulations 2023 [F2023L00546]
What it does:
|
Other Details:
|
This instrument amends the Financial
Framework (Supplementary Powers) Regulations 1997 to establish
legislative authority for the following government spending administered by
the Department of Climate Change, Energy, the Environment and Water:
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) has resolved to draw to the attention of the Senate
the expenditure associated with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-26.
Resources:
- ‘Aboriginal
Water Entitlements Program’, Department of Climate Change, Energy, the
Environment and Water (DCCEEW).
- Environmental
Defenders Office, ‘Federal
funding will help restore community access to environmental justice’,
media release, 26 October 2022.
- ‘Goyder
Institute for Water Research Coorong, Lower Lakes and Murray Mouth Research
Hub’, DCCEEW.
- Angela
Macdonald-Smith, ‘Environmental
Defenders’ Office funding “goes against Asian allies”’, Australian
Financial Review, 27 October 2022.
|
Financial Framework (Supplementary
Powers) Amendment (Defence Measures No. 2) Regulations 2023 [F2023L00537]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to
establish legislative authority for government spending on a program to build
a renewable fuels plant in the Burdekin region. The program will be
administered by the Department of Defence.
Grant funding of $5.1 million over three years from
2022-23 will be provided to Licella Holdings Limited, a biotechnology
company, to support the early stage of development.
The program aims to:
- create
a new domestic renewable fuel production capability. If successful, this
would support regional employment, reduce pollution from the burning of cane
field waste, and indirectly, support a domestic renewable fuel supply chain;
- help
meet Australia’s Paris Agreement commitment by contributing to emissions
reductions; and
- enhance
Australia’s fuel security, by diversifying sources of liquid transport fuels
reducing reliance on imported oil and petroleum products.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: Not yet tabled
Administered by: Finance
Commencement: 12 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-26.
Resources:
|
Financial Framework (Supplementary Powers) Amendment (Education Measures
No. 2) Regulations 2023 [F2023L00543]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to
establish legislative authority for the government to provide a grant of $1.5
million in 2022-23 to Aurora Education Foundation Limited, which aims to
improve the educational outcomes of Aboriginal and Torres Strait Islander
students.
The grant is administered by the Department of Education.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-26.
Resources:
|
Financial Framework (Supplementary Powers) Amendment (Health and Aged Care
Measures No. 1) Regulations 2023 [F2023L00545]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on
the Assisted Reproductive Technology (ART) Storage Funding Program to support
costs for cryostorage of eggs, sperm, and embryos that is not currently
subsidised through the Medicare Benefits Schedule (MBS).
The Program will
be administered by the Department of Health and Aged Care and will
provide funding of $600 pro-rata payment per year for up to ten years.
Funding is provided for cryostorage of eggs, sperm, and embryos to registered ART
organisations to store materials for two patient populations who wish to
preserve their future fertility:
- patients diagnosed with cancer
- people at risk of passing on genetic
diseases or conditions, who have undergone Medicare-funded genetic testing.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-26.
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Home Affairs Measures No. 2) Regulations 2023 [F2023L00542]
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
to be administered by the National Emergency
Management Agency, part of the Home Affairs Portfolio.
Funding is provided for:
- a
grant to Disaster Relief Australia to increase its capacity to meet state,
territory and local government requests for assistance in responding to and
recovering from nationally significant disasters, by recruiting, training and
equipping volunteers for deployment to disaster affected areas ($38.3 million
over four years from 2022-23);
- the
National Resource Sharing Centre to coordinate and facilitate the deployment
of resources and assets in preparing for, and responding to, disasters in
Australia and overseas ($1.7 million for two years from 2021-22); and
- the
National Emergency Management Stockpile program which provides critical
disaster response and relief resources to augment state and territory
capabilities to respond to disasters of national significance ($10 million in
2022-23).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-27.
Resources:
|
Financial Framework (Supplementary Powers) Amendment (Social Services
Measures No. 2) Regulations 2023 [F2023L00544]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to
establish legislative authority for government spending on two disability related services, which will
be administered by the Department of Social Services.
The instrument establish
legislative authority for spending on the Complaints Resolution and Referral
Service and the National Disability Abuse and Neglect Hotline within the
scope of the Employment Assistance and Other Services (EAOS) program. These
programs currently receive funding through the National Disability Insurance
Scheme Transitioning Commonwealth Programs and Continuity of Support budget,
which ceases on 30 June 2023. This funding will be transferred to the
EAOS program with funding of $3.2 million over two years from 2023-24.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: Not yet tabled
Administered by: Finance
Commencement: 13 May 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw to the attention of the Senate the expenditure associated
with this instrument under Senate standing order 23(4),
as the scrutiny of such instruments is a key aspect of parliamentary scrutiny
and control of Commonwealth expenditure. See Delegated Legislation Committee,
Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 25-27.
Resources:
|
Public Governance, Performance and
Accountability Amendment (2023 Measures No. 2) Rules 2023 [F2023L00566]
What it does:
|
Other Details:
|
The instrument amends the Public Governance,
Performance and Accountability Rule 2014 (the PGPA Rule) to prescribe
that the first reporting period for High Speed Rail Authority will begin on
13 June 2023 and end on 30 June 2024.
The instrument also repeals the provisions that prescribed
the first reporting periods for Snowy Hydro Limited and the National Housing
Finance and Investment Corporation in the PGPA Rule.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
May 2023
Tabled in House of Representatives: 24 May 2023
Tabled in Senate: 13 June 2023
Administered by: Finance
Commencement: Sections 1 to 4, and Part 2 of
Schedule 1 commence on 24 May 2023. Part 1 of Schedule 1 commences on 13
June 2023.
Made under: sections
8 and 101,
and paragraph
103(e) of the Public
Governance, Performance and Accountability Act 2013
Committee comment: none identified
Resources:
- Catherine
King (Minister for Infrastructure, Transport, Regional Development and Local
Government), ‘All
aboard High Speed Rail Authority’, media release, 5 June 2023.
- Philip
Hamilton, Rodney Bogaards and Tim Brennan, ‘High
Speed Rail Authority Bill 2022’, Bills Digest, 14, 2022–23,
(Canberra: Parliamentary Library, 2022).
- ‘Our Company’,
Snowy Hydro.
- ‘Who we are’, National Housing
Finance and Investment Corporation.
|
Back to top
Foreign Affairs and Trade
Autonomous Sanctions (Classes of Sanctioned Vessels –
Democratic People’s Republic of Korea) Continuing Effect Declaration 2023 [F2023L00557]
What it does:
|
Other Details:
|
The instrument continues the effect of the designation
under the Autonomous
Sanctions (Classes of Sanctioned Vessels – Democratic People’s Republic of
Korea) Designation 2017 (the 2017 Designation), which designates each
vessel within the Democratic People's Republic of Korea (DPRK) vessel class
as a sanctioned vessel. The 2017 Designation was previously continued in
effect by the Autonomous
Sanctions (Classes of Sanctioned Vessels – Democratic People’s Republic of
Korea) Continuing Effect Declaration 2020. Under subregulation 9(1) of
the Autonomous
Sanctions Regulations 2011, the designation that is declared to continue
to have effect, ceases to have effect three years after the making of the
most recent declaration, unless the Minister declares the designation is to
continue.
Autonomous sanctions are measures not involving the use of
armed force which are imposed in response to situations of international
concern, including threats to regional peace and stability posed by the DPRK
through the development of nuclear weapons, other weapons of mass destruction
and ballistic missiles.
The Autonomous Sanctions
Regulations 2011 make provision for, among other things, the designation
of vessels or classes of vessels as ‘sanctioned vessels’. The Minister for
Foreign Affairs may issue a direction requiring a sanctioned vessel to leave
Australia (including by a particular route), or to not enter a particular
port or place, or any port or place, in Australia.
Under the 2017 Designation, the class of vessels
designated as sanctioned vessels is essentially any vessel that is flagged or
registered in the DPRK as well as vessels owned, operated or controlled by
DPRK persons or entities.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Foreign Affairs and Trade
Commencement: 19 May 2023
Made under: subregulation
9(3) of the Autonomous
Sanctions Regulations 2011
Committee comment: none identified
Resources:
|
Autonomous Sanctions (Designated Persons and Entities and Declared
Persons—Democratic People’s Republic of Korea) Amendment (No. 1) Instrument
2023 [F2023L00555]
Autonomous Sanctions (Designated Persons and Entities
and Declared Persons—Russia and Ukraine) Amendment (No. 6) Instrument 2023 [F2023L00561]
Consular Privileges and Immunities (Indirect Tax
Concession Scheme) Amendment (Indirect Tax Concession Scheme) Amendment (Saudi
Arabia) Determination 2023 [F2023L00556]
Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme)
Amendment (Saudi Arabia) Determination 2023 [F2023L00552]
Back to top
Health and Aged Care
Australian Radiation Protection and
Nuclear Safety (Licence Charges) Amendment (2023 Measures No. 1) Regulations
2023 [F2023L00539]
Health Insurance Legislation Amendment (2023 Measures No. 1)
Determination 2023 [F2023L00535]
What it does:
|
Other Details:
|
This instrument makes administrative and machinery
amendments to the following three determinations:
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Health and Aged Care
Commencement: 1 July 2023
Made under: subsection
3C(1) of the Health Insurance
Act 1973
Committee comment: none identified
Resources:
|
Health Insurance
(Pathologist-determinable Services) Amendment Determination 2023 [F2023L00536]
What it does:
|
Other Details:
|
This instrument amends the Health Insurance
(Pathologist-determinable Services) Determination 2015 to list a new item
under the Medicare Benefits
Schedule (MBS).
• Pathologist-determinable services allow
Medicare benefits to be paid for pathology services which are requested and
performed by an approved pathology practitioner for their own patients, or
for certain other tests. Section 4BA of the Health Insurance Act 1973 provides that the Minister for Health may determine by
legislative instrument, that particular pathology services are
pathologist-determinable services after consultation with the Royal College
of Pathologists of Australasia.
This item
73429 will allow for the provision of Medicare benefits for services for
genetic testing for the diagnosis and classification of brain cancers called
gliomas, which include glioblastomas and glioneuronal tumours.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Health and Aged Care
Commencement: 1 July 2023
Made under: section
4BA of the Health Insurance
Act 1973
Committee comment: none identified
Resources:
|
Health Insurance (Quality Assurance
Activity – Northern Territory Department of Health Perinatal and Maternal
Mortality Committee) Declaration 2023
[F2023L00567]
What it does:
|
Other Details:
|
The instrument declares the Perinatal and Maternal
Mortality Committee (PaMM), which is run by the Northern Territory Department
of Health, as a Quality Assurance Activity.
PaMM involves the review of perinatal and maternal deaths
and cases of substantial morbidity that occur in the Northern Territory
public health system to promote system improvement.
- Part
VC of the Act creates a scheme to encourage efficient quality assurance
activities in connection with the provision of health services. Those
activities help to ensure the quality of health services that are funded by
the Government. The scheme encourages participation in such activities by
protecting certain information from disclosure, and by providing some
protection from civil liability to certain persons engaged in those
activities in good faith.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
May 2023
Tabled in House of Representatives: 25 May 2023
Tabled in Senate: 13 June 2023
Administered by: Health and Aged Care
Commencement: 25 May 2023
Made under: subsection
124X(1) of the Health
Insurance Act 1973
Committee comment: none identified
Resources:
|
Back to top
Home Affairs
Customs (Obligations on Cargo Terminal Operators)
Instrument 2023 [F2023L00548]
What it does:
|
Other Details:
|
The instrument imposes the following new obligations on
all cargo terminal operators:
- an
obligation to provide access by relevant persons to cargo terminals for
installation preparatory works, the installation, operation, maintenance, or
removal of CCTV systems on request;
- an
obligation to provide access to conduct infrastructure assessments to ensure
functionality; and
- an
obligation to provide all reasonable facilities and assistance to relevant
persons to perform these functions.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Home Affairs
Commencement: 16 May 2023
Made under: section
102CJ of the Customs Act 1901
Committee comment: none identified
Resources:
|
Back to top
Industry, Science and
Resources
No instruments tabled in the relevant period.
Back to top
Infrastructure, Transport, Regional Development, Communications and the
Arts
CASA EX29/23 — Designated Aviation Medical Examiners (Extending Medical
Certificates) Exemption 2023 [F2023L00547]
What it does:
|
Other Details:
|
The purpose of the instrument is to provide an exemption
from compliance with subregulation
67.220(4) of the Civil Aviation Safety Regulations 1998 (CASR) to
enable Designated Aviation Medical Examiners (DAMEs) to extend certain
medical certificates issued by the Civil Aviation Safety Authority for a
period that is up to 4 months. Under that provision, DAMEs are currently
permitted to extend these medical certificates for a period not more than 2
months.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 16 May 2023
Made under: regulation
11.160 and regulation
11.205 of the Civil Aviation
Safety Regulations 1998
Committee comment: none identified
Resources:
|
Christmas
Island Act 1958 and Cocos (Keeling) Islands Act 1955—List of Acts of the
Western Australian Parliament for the period 1 October 2022 to 31 March 2023
What it does:
|
Other Details:
|
The Australian Government, through the Department of Infrastructure, Transport, Regional
Development, Communications and the Arts, administers the Indian
Ocean Territories of Christmas Island and the Cocos (Keeling) Islands. The Christmas Island Act 1958 (subsection 8A(1)) and the Cocos (Keeling) Islands Act 1955 (subsection 8A(1)) apply Western Australian law
to the two territories.
•
Both Acts require, every six months, the Minister for Regional
Development, Local Government and Territories to table a list of WA Acts that
are wholly or partly in force in the territories on the day specified in the
list, which have not been specified in a previous list (section 8B of both
Acts). A notice of motion can then be moved in either Chamber to terminate
the operation of one or more of the listed WA Acts in either territory
(section 8C of both Acts).
|
Registered on Federal Register of Legislation: The
list of Acts tabled by the Minister is not itself a disallowable instrument
and therefore is not registered on the Federal Register of Legislation.
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: See the specified Acts for individual
commencement details
Made under: the Minister tables the list under section 8B of the Christmas Island Act 1958 and section 8B of the Cocos (Keeling) Islands Act 1955.
Committee comment: none identified
Resources: none identified
|
Civil Aviation Order 100.7
Amendment Instrument 2023 [F2023L00532]
What it does:
|
Other Details:
|
The instrument amends the Civil Aviation Order
100.7 Instrument 2015 (CAO 100.7)to clarify that the specified aircraft
can be weighed in accordance with approved procedures of an approved
self-administering aviation organisation (ASAO) or other sport aviation body
(as the case may be), rather than under CAO 100.7.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 12 May 2023
Made
under: subregulation 5(1) and regulation 235 of the Civil Aviation Regulations 1988
Committee
comment: None identified
Resources:
|
Radiocommunications (Low Interference Potential
Devices) Class Licence Variation 2023 (No. 2) [F2023L00560]
What it does:
|
Other Details:
|
The instrument amends the Radiocommunications
(Low Interference Potential Devices) Class Licence 2015, which
authorises the operation of a wide range of low
interference radiocommunications transmitters in various segments of the
radiofrequency spectrum, by making technical variations.
- It
is a general requirement under the Radiocommunications
Act 1992 that the operation of all radiocommunications devices within
Australia be authorised by a radiocommunications licence. A class licence is
one type of licence available to authorise the operation of
radiocommunications devices.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 19 May 2023
Made under: subsection
132(1) of the Radiocommunications
Act 1992
Committee comment: none identified
Resources:
|
Telecommunications Carrier Licence Charges (Annual
Charges) Determination (No. 1) 2023 [F2023L00563]
What it does:
|
Other Details:
|
The instrument sets out the method for ascertaining the
amount of annual carrier licence charge imposed on each carrier licence that
was in force at the beginning of the 2021–22
financial year.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 19
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 23 May 2023
Made under: subsection
14(1) of the Telecommunications
(Carrier Licence Charges) Act 1997
Committee comment: none identified
Resources:
|
Telecommunications Carrier Licence Charges
(Specification of Costs by the ACMA) Determination (No. 1) 2023 [F2023L00562]
What it does:
|
Other Details:
|
The instrument determines the total of the charges imposed
on carrier licences in force at the beginning of the 2021–22
financial year.
The instrument provides that:
- $15,123,299
is the amount determined to be the proportion of the Australian Communication
and Media Authority’s (ACMA’s) costs for the 2020–21
financial year that is attributable to the ACMA’s telecommunications
functions and powers
- $2,209,549
is the amount determined to be the proportion of the Commonwealth's
contribution to the budget of the International Telecommunication Union for
the 2021 calendar year that is to be recovered from carriers
- no
amounts were paid under section
136C of the Telecommunications
Act 1997 during the 2020–21 financial year (costs of developing or
varying consumer-related industry code).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 19
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 23 May 2023
Made under: paragraphs
15(1)(a), 15(1)(c),
and 15(1)(ca)
of the Telecommunications
(Carrier Licence Charges) Act 1997
Committee comment: none identified
Resources:
|
Variation to Licence Area Plan – Remote Central and Eastern Australia Radio
– 2023 (No. 1) [F2023L00549]
What it does:
|
Other Details:
|
The instrument varies the Licence Area Plan -
Remote Central and Eastern Australia Radio (Remote LAP) to insert the
characteristics, including technical specifications, of radio broadcasting
services to be available on Norfolk Island. The main purpose of the
variations is to include the two existing community radio broadcasting
services on Norfolk Island in the Remote LAP and to add five national radio
broadcasting services and two commercial radio broadcasting services to serve
Norfolk Island.
The instrument otherwise varies the Remote LAP to correct
a drafting error.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 16 May 2023
Made under: subsection
26(2) of the Broadcasting
Services Act 1992
Committee comment: none identified
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
Currency (Australian Coins) Amendment (2023 Royal Australian Mint No. 3)
Determination 2023 [F2023L00554]
What it does:
|
Other Details:
|
The instrument amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of 19 new non-circulating
coins proposed to be issued by the Royal Australian Mint and to make
technical amendments to ensure the Determination operates as intended.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Treasury
Commencement: 18 May 2023
Made under: sections 13 and
13A
of the Currency
Act 1965
Committee comment: none identified
Resources:
|
Financial Sector (Collection of Data) (reporting standard) determination
No. 25 of 2023 [F2023L00264]
What it does:
|
Other Details:
|
Under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001, Australian Prudential Regulation
Authority (APRA) has the power to determine reporting standards, in writing,
with which financial sector entities must comply.
The instrument
repeals and remakes the Financial Sector (Collection of Data) (reporting
standard) determination No. 45 of 2013, which was due to sunset on 1 April 2023, to set out the
requirements for the provision of information to APRA in relation to a life
company’s related party exposures. The changes do not alter the
existing reporting obligations or interests of life insurers.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 20 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 21 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) engaged with the Treasury about this instrument in
accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 14.
The Committee has concluded its
consideration of the instrument and has made no further comment. See
Delegated Legislation Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of Data) (reporting standard) determination
No. 26 of 2023 [F2023L00275]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the
Australian Prudential Regulation Authority (APRA) has the power to determine
reporting standards, in writing, with which financial sector entities must
comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 46 of 2013,
which was due to sunset on 1 April 2023, to set out the
requirements for the provision of information to APRA in relation to
calculating a life company’s Asset Risk Charge. The changes do not alter the
existing reporting obligations or interests of life companies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: Originally
tabled on 21 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 22 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Treasury about this instrument in accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 14.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of Data) (reporting standard) determination
No. 31 of 2023 [F2023L00257]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, Australian Prudential Regulation
Authority (APRA) has the power to determine reporting standards, in writing,
with which financial sector entities must comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 52 of 2013,
which was due to sunset on 1 April 2023, to set out the requirements for the
provision of information to APRA in relation to the supplementary information
used to calculate a life company’s capital adequacy. The changes do not alter
the existing reporting obligations or interests of life insurers.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 20 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 21 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) engaged with the Treasury about this instrument in
accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its
consideration of the instrument and has made no further comment. See
Delegated Legislation Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of Data) (reporting standard) determination
No. 32 of 2023 [F2023L00268]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential Regulation
Authority (APRA) has the power to determine reporting standards, in writing,
with which financial sector entities must comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 53 of 2013, which
was due to sunset on 1 April 2023, to set out the requirements for the
provision of information to APRA in relation to a life company’s financial
position. The changes do not alter the existing reporting obligations or
interests of life insurers.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 21 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on
22 March 2023. A rectified authorised version of the instrument was
tabled on 9 May 2023. The disallowance period in the Senate runs from
9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Treasury about this instrument in accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of Data)
(reporting standard) determination No. 58 of 2023 [F2023L00569]
Financial Sector (Collection of Data)
(reporting standard) determination No. 65 of 2023 [F2023L00568]
Financial Sector (Collection of Data)
(reporting standard) determination No. 66 of 2023 [F2023L00570]
Financial Sector (Collection of Data)
(reporting standard) determination No. 67 of 2023 [F2023L00572]
Financial Sector (Collection of Data)
(reporting standard) determination No. 81 of 2023 [F2023L00574]
Financial Sector (Collection of Data)
(reporting standard) determination No. 108 of 2023 [F2023L00571]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
The instrument determines the Reporting Standard HRS 300.0
Statement of Financial Position, which sets out the requirements for the
provision of information to APRA in relation to a private health insurer’s
financial position.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
May 2023
Tabled in House of Representatives: 25 May 2023
Tabled in Senate: 13 June 2023
Administered by: Treasury
Commencement: 24 May 2023
Made under: section
13 of the Financial
Sector (Collection of Data) Act 2001
Committee comment: none identified
Resources:
|
National Consumer Credit Protection Amendment (Financial Sector Reform)
Regulations 2023 [F2023L00540]
What it does:
|
Other Details:
|
The instrument amends the National Consumer
Credit Protection Regulations 2010 to give effect to the Government’s
response to the Review of the Small Amount Credit Contract Laws.
The Regulations work with the Financial Sector
Reform Act 2022 to enhance the consumer protection framework for
small amount credit contracts (SACCs) and consumer leases, while ensuring
these products can continue to fulfil an important role in the economy.
The matters addressed by the Regulations are as follows:
- adding
an additional requirement that licensees verify the financial situation of
consumers before entering into a contract with them;
- consumer
income requirements for both SACCs and consumer leases for household goods;
- anti-avoidance
measures targeted at avoidance purposes relating to credit contracts and
product intervention orders;
- the
prescription of new civil penalties subject to the Act infringement notice
regime;
- disclosure
of information requirements for consumer leases for household goods; and
- the
calculation method for the base price of goods hired under a consumer lease.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 12
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Treasury
Commencement: 12 June 2023
Made under: section 329 of the National
Consumer Credit Protection Act 2009
Committee comment: none identified
Resources:
|
Notice of Requirement for Parents with a Child Support Assessment to Lodge
a Return for the Income Year Ended 30 June 2023 [F2023L00538]
What it does:
|
Other Details:
|
This instrument requires liable and recipient parents
under a child support assessment to lodge an income tax return for the income
year ended 30 June 2023, by the due date specified in this instrument (31
October 2023). Such persons may not otherwise be required to lodge an income
tax return. The return must be in the approved form.
Liable or recipient parents under a child support
assessment are required to lodge a return unless:
- their
income calculated under the legislative instrument was less than $27,509; and
- they
received one or more specified Australian Government pensions, allowances or payments
for the whole of the 2022–23 income year.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
May 2023
Tabled in House of Representatives: 22 May 2023
Tabled in Senate: 13 June 2023
Administered by: Treasury
Commencement: 12 May 2023
Made under: section
161 of the Income Tax
Assessment Act 1936
Committee comment: none
Resources:
|
Notice of Requirement to Lodge a Return for the Income Year Ended 30 June
2023 [F2023L00533]
Taxation Administration (Remedial Power – Work Test
for Personal Superannuation Contributions) Determination 2023 [F2023L00564]
Back to top
Veterans’ Affairs
Amendment Statement of Principles concerning restless
legs syndrome (Balance of Probabilities) (No. 61 of 2023) [F2023L00558]
Back to top
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 2023 lists all instruments subject to a notice
of motion for disallowance. The progress and eventual outcome of any such
notice is also recorded.
Back to top
For copyright reasons some linked items are only available to members of Parliament.
© Commonwealth of Australia
Creative Commons
With the exception of the Commonwealth Coat of Arms, and to the extent that copyright subsists in a third party, this publication, its logo and front page design are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia licence.
In essence, you are free to copy and communicate this work in its current form for all non-commercial purposes, as long as you attribute the work to the author and abide by the other licence terms. The work cannot be adapted or modified in any way. Content from this publication should be attributed in the following way: Author(s), Title of publication, Series Name and No, Publisher, Date.
To the extent that copyright subsists in third party quotes it remains with the original owner and permission may be required to reuse the material.
Inquiries regarding the licence and any use of the publication are welcome to webmanager@aph.gov.au.
Disclaimer: Bills Digests are prepared to support the work of the Australian Parliament. They are produced under time and resource constraints and aim to be available in time for debate in the Chambers. The views expressed in Bills Digests do not reflect an official position of the Australian Parliamentary Library, nor do they constitute professional legal opinion. Bills Digests reflect the relevant legislation as introduced and do not canvass subsequent amendments or developments. Other sources should be consulted to determine the official status of the Bill.
Any concerns or complaints should be directed to the Parliamentary Librarian. Parliamentary Library staff are available to discuss the contents of publications with Senators and Members and their staff. To access this service, clients may contact the author or the Library‘s Central Enquiry Point for referral.