29
March 2023
PDF Version [390KB]
Scanlon
Williams and Daniel Greiss
Law and Bills Digest Section
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
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Agriculture, Fisheries
and Forestry
No instruments tabled in relevant period.
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Attorney-General
No instruments tabled in relevant period.
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Climate Change, Energy, the Environment and Water
Carbon
Credits (Carbon Farming Initiative—Avoided Deforestation 1.1—Revocation)
Instrument 2023 [F2023L00104]
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Defence
No instruments tabled in relevant period.
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Education
No instruments tabled in relevant period.
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Employment and Workplace
Relations
No instruments tabled in relevant period.
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Finance
No instruments tabled in relevant period.
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Foreign Affairs and Trade
No instruments tabled in relevant period.
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Health and Aged Care
No instruments tabled in relevant period.
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Home Affairs
Migration Amendment (Transitioning
TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 [F2023L00099]
What it does:
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Other Details:
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Amends the Migration
Regulations 1994 to facilitate the transition to permanent residence of
persons who arrived in Australia before the commencement date and who applied
for or obtained temporary protection in Australia through a Subclass 785
(Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise)
(SHEV) visa.
Certain persons
who hold or have held a TPV or a SHEV, as well as certain children born in
Australia to those persons, will be able to make an application for the
Subclass 851 Resolution of Status visa (RoS). The criteria for making a valid
application for that visa are amended accordingly. In addition, the
Minister’s intention is to exercise the Minister’s personal powers to lift
any relevant application bars that would prevent an application being
made.
The RoS is an
existing subclass of permanent visa. There are no substantive criteria for
the RoS other than the public interest criteria relating to health, national
security and character.
The TPV and SHEV allow certain persons who entered Australia
without a valid visa, or who were not immigration cleared on arrival, to stay
temporarily in Australia for a period of three years holding a TPV or five
years holding a SHEV. The visa is granted following an assessment that
Australia owes protection obligations in respect of a visa applicant, and the
visa is granted to that applicant and to members of the same family unit,
subject to the satisfaction of certain public interest criteria.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 13
February 2023 [F2023L00099]
Tabled in House of Representatives: 14 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 14 February 2023
Made under: section
504 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:
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Industry,
Science and Resources
No instruments tabled in relevant period.
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Infrastructure, Transport, Regional Development,
Communications and the Arts
CASA EX11/23 — The Bright Open Instrument 2023 [F2023L00097]
What it does:
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Other Details:
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The instrument enables participants in the Bright Open
2023 to fly a paraglider at or above a height of 5,000 feet above mean sea
level in the vicinity of the Wangaratta aerodrome without complying with
particular regulatory requirements relating to the carriage of an aircraft
very high frequency radio.
The instrument also contains conditions and directions
imposed by the Civil Aviation Safety Authority in the interest of the safety
of air navigation.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 8 February
2023 [F2023L00097]
Tabled in House of Representatives:
13 February 2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 11 February 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
9 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
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Marine
Order 98 (Harmful anti-fouling systems) 2023 [F2023L00103]
What it does:
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Other Details:
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Repeals Marine Order 98
(Marine pollution - anti-fouling systems) 2013 and specifies matters for
the Protection
of the Sea (Harmful Anti-fouling Systems) Act 2006 giving effect to
survey requirements under the International Convention on the Control of
Harmful Anti-fouling Systems on Ships.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 15
February 2023 [F2023L00103]
Tabled in House of Representatives: 16 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: section
24 of the Protection
of the Sea (Harmful Anti-fouling Systems) Act 2006
Regulation Impact Statement: not required (see
pages 1–2 of the Explanatory
Statement for the instrument)
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation has advised that the instrument does not
meet the Committee’s expectations under Senate
standing order 23(3)(k), in relation to exemption from sunsetting. See
Delegated Legislation Committee, Delegated
Legislation Monitor, 3, 2023, 8 March 2023, 53.Commentary:
Resources:
-
‘Control
of harmful anti-fouling systems on ships’, Department of Infrastructure,
Transport, Regional Development, Communications and the Arts.
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‘Resolution
MPEC.195(61), Annex 16: 2010 Guidelines For Survey And Certification Of
Anti-Fouling Systems On Ships’, International Maritime Organisation.
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‘Anti-fouling
systems’, International Maritime Organisation.
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International
Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001
, done in London on 19 August 2002, [2008] ATS 15, (entered into force 17
September 2008).
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‘Protection
of the sea legislation’, Department of Infrastructure, Transport,
Regional Development, Communications and the Arts.
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‘Marine
order 98—Marine pollution—anti-fouling systems’, Australian Maritime
Safety Authority.
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Emily Gibson, ‘Maritime
Legislation Amendment Bill 2022’, Bills Digest, 22, 2022-23,
(Canberra: Parliamentary Library, 2022).
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Telecommunications (Carrier Licence
Conditions) Amendment (Networks supplying Superfast Carriage Services to
Residential Customers) Instrument 2022 [F2023L00098]
What it does:
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Other Details:
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Amends the Carrier Licence
Conditions (Networks Supplying Superfast Carriage Services to Residential
Customers) Declaration 2014 to allow associates of a carrier that do not
supply retail or wholesale superfast carriage services or specified broadband
services to residential customers to be included in a Functional Separation
Undertaking (FSU) for the purposes of the Declaration.
Superfast carriage services are those which provide
downloads of >25 Megabits per second.
The Declaration closed a loophole that allowed carriers to
extend business networks by up to one kilometre into residential areas
(particularly to multi‑dwelling
units) and offer vertically integrated services. The Declaration addressed
concerns that vertically integrated networks could create local access
bottlenecks that impede effective retail competition and that such operations
therefore have an unfair competitive advantage over other networks that are
subject to the rules in the Telecommunications
Act 1997.
Amendments to
the Declaration to cover associates of the carrier are required to allow the
Declaration to fall away in its entirety if an FSU was accepted by the ACCC.
If not, a carrier could be in the position where it could be regulated under
both the FSU and the Declaration which would duplicate reporting and
regulatory effort by both the carrier and the ACCC.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 9 February
2023 [F2023L00098]
Tabled in House of Representatives: 13 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 10 February 2023
Made under: subsection
63(5) of the Telecommunications
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:
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Prime Minister and Cabinet
No instruments tabled in relevant period.
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Social Services
Social
Security (Exempt Lump Sum – NSW Taxi Licence Deregulation) Determination 2023 [F2023L00105]
What it does:
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Other Details:
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The instrument provides that a payment of a New South
Wales taxi transitional assistance payment is an exempt lump sum for the
purposes of paragraph
8(11)(d) of the Social Security
Act 1991 (the Act).
The taxi transitional payment is payable under the Point
to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) for
eligible taxi licence owners to adapt to the deregulation of taxi licence
supply. Under the scheme, payments are between $40,000 and $195,000 for each
licence, depending on the operating area for the licence.
Income earned, derived or received for a person’s own use
or benefit is generally assessable as income under Commonwealth social
security law. An amount, or class of amounts, received by a person may be specifically
exempt under paragraph 8(11)(d) of the Act, which allows the Secretary to
determine that an amount or class of amounts is an exempt lump sum.
An exempt lump sum is excluded from the definition of
‘ordinary income’ under subsection
8(1) of the Act, meaning the exempt lump sum amount is not taken into
account as part of the social security income test.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 15
February 2023 [F2023L00105]
Tabled in House of Representatives: 16 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: 16 February 2023
Made under: paragraph
8(11)(d) of the Social Security
Act 1991
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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Treasury
No instruments tabled in relevant period.
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Veterans’ Affairs
No instruments tabled in relevant period.
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.
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