Index of instruments 2023
The Index of matters lists all disallowable instruments about which the committee has raised a concern (formerly the Scrutiny of Disallowable Instruments list).
Please refer to the relevant Delegated Legislation Monitor for the committee's full comment on an individual matter.
Matters which the committee has raised on an advice-only basis are listed as 'no response required' (NRR).
Meeting held 3 December 2014
| Instrument name |
Issue |
Matter concluded |
| Implementation of a general-instrument making power (previously 'Prescribing matters by legislative rules') |
a) scope of the general power
b) consequences of the general instrument-making power for the quality of drafting
c) assessing whether instruments contain matters more appropriate for regulations
d) regulations to prevail in the event of conflict
e) delegation of the general instrument-making power
f) consultaion over the implementation of the general instrument-making power
(Monitor 17/14) |
11/2/2015
(Monitor 1/15) |
|
ASIC Class Order [CO 14/1118] [F2014L01484]
|
timetable for making substantive amendments to primary legislation
(Monitor 17/14)
|
4/3/2015
(Monitor 2/15) |
| Financial Framework (Supplementary Powers) Amendment (2014 Measures No. 1) Regulation 2014 [F2014L01464] |
a) previously unauthorised expenditure
b) authority for expenditure
(Monitor 17/14) |
11/2/2015
(Monitor 1/15) |
| Health Insurance (General Medical Services Table) Amendment (Chronic Disease Management) Regulation 2014 [F2014L01453] |
consultation
(Monitor 17/14)
|
11/2/2015
(Monitor 1/15) |
| Renewable Energy (Electricity) Amendment (Solar Zones and Other Measures) Regulation 2014 [F2014L01475] |
consultation
(Monitor 17/14)
|
11/2/2015
(Monitor 1/15) |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 17/14) |
NRR |
Meeting held 26 November 2014
| Instrument name |
Issue |
Matter concluded |
|
Fisheries Management (Southern Bluefin Tuna Fishery Management Plan 1995) Temporary Order 2014 No. 1 [F2014L01414]
|
consultation
(Monitor 16/14)
|
11/2/2015
(Monitor 1/15) |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 16/14) |
NRR |
Meeting held 19 November 2014
| Instrument name |
Issue |
Matter concluded |
|
National Land Transport (Exemption from Public Tenders for State Projects) Determination 2014 [F2014L01342]
|
consultation
(Monitor 15/14)
|
11/2/2015
(Monitor 1/15) |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 15/14) |
NRR |
Meeting held 29 October 2014
| Instrument name |
Issue |
Matter concluded |
| Staffing and Delegations Rule 2014 [F2014L01296] |
a) delegation of power to a 'person'
(b) limb of the rule-making power being relied on
(c) potential delegation of general rule-making power
(Monitor 14/14)
|
|
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 14/14) |
NRR |
Meeting held 1 October 2014
| Instrument name |
Issue |
Matter concluded |
| Work Health and Safety Exemption (Construction induction training - ASC AWD Shipbuilder Pty Ltd and overseas technical specialists) (September 2014) [F2014L01195] |
consultation
(Monitor 13/14) |
29/10/2014
(Monitor 14/14) |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 13/14) |
NRR |
Meeting held 24 September 2014
| Instrument name |
Issue |
Matter concluded |
| Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) [F2014L01177] |
retrospectivity
(Monitor 12/14) |
29/10/2014
(Monitor 14/14) |
| Work Health and Safety Exemption (Construction Induction Training Card - Workers) (August 2014) [F2014L01078] |
consultation
(Monitor 12/14) |
29/10/2014
(Monitor 14/14) |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 12/14) |
NRR |
Meeting held 3 September 2014
| Instrument name |
Issue |
Matter concluded |
| CASA 170/14 - Direction — number of cabin attendants (National Jet Systems) [F2014L01044] |
timetable for making substantive amendments to Civil Aviation Orders |
1/10/2014
Monitor 13/14 |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 11/14) |
NRR |
Meeting held 27 August 2014
| Instrument name |
Issue |
Matter concluded |
| ASIC Class Order [CO 14/569] [F2014L00976] |
timetable for making substantive amendments to primary legislation
(Monitor 10/14) |
24/9/14
Monitor 12/14 |
| ASIC Class Order [CO 14/571] [F2014L00977] |
timetable for making substantive amendments to primary legislation
(Monitor 10/14) |
24/9/14
Monitor 12/14 |
| Communications Legislation (Spent and Redundant Instruments) Instrument of Repeal (No. 1) 2014 [F2014L00953] |
mass repeal of redundant legislation
(Monitor 10/14) |
NRR |
| Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014 [F2014L00891] |
(a) matters more appropriate for parliamentary enactment
(b) in accordance with the statute
(Monitor 10/14)
|
29/10/2014
(Monitor 14/14) |
| Family Assistance (Public Interest Certificate Guidelines) (DSS) Determination 2014 [F2014L00973] |
drafting
(Monitor 10/14) |
NRR |
|
Family Law (Bilateral Arrangements-Intercountry Adoption) Amendment (2014 Measures No. 2) Regulation 2014 [F2014L00857]
|
consultation
(Monitor 10/14)
|
1/10/14
Monitor 13/14 |
|
Financial Management and Accountability Amendment (2014 Measures No. 6) Regulation 2014 [F2014L00841]
|
(a) previously unauthorised expenditure
(b) authority for expenditure
(Monitor 10/14)
|
19/11/14
(Monitor 15/14) |
| Social Security (Administration) (Relocation Assistance) Specification 2014 [F2014L00900] |
consultation
(Monitor 10/14)
|
29/10/2014
(Monitor 14/14) |
| Trade Support Loan Rules 2014 [F2014L01007] |
potential delegation of general rule-making powers
(Monitor 10/14) |
24/9/14
Monitor 12/14 |
| Numerous instruments that appear to rely on subsection 33(3) of the Acts Interpretation Act 1901 |
drafting
(Monitor 10/14) |
NRR |
Meeting held 16 July 2014
| Instrument name |
Issue |
Matter concluded |
| Social Security (Class of Visas - Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2014 [F2014L00784] |
consultation
(Monitor 9/14)
|
27/8/2014
Monitor 10/14 |
|
Social Security (Class of Visas – Qualification for Special Benefit) Determination 2014 [F2014L00783]
|
consultation
(Monitor 9/14)
|
27/8/2014
Monitor 10/14 |
|
Social Security (Declaration of Visa in a Class of Visas – Special Benefit Activity Test) Determination 2014 [F2014L00781]
|
consultation
(Monitor 9/14)
|
27/8/2014
Monitor 10/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 9 of 2014) |
drafting
(Monitor 9/14) |
NRR |
Meeting held 9 July 2014
| Instrument name |
Issue |
Matter concluded |
|
Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) Amendment List 2014 [F2014L00694]
|
(a) drafting
(b) consultation
(Monitor 8/14) |
27/8/2014
Monitor 10/14 |
|
Farm Household Support Secretary's Rule 2014 [F2014L00614]
|
(a) prescribing of matters by 'legislative rules'
(b) potential delegation of general rule-making powers
(Monitor 8/14) |
1/10/14
Monitor 13/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 8 of 2014) |
drafting
(Monitor 8/14) |
NRR |
Meeting held 25 June 2014
| Instrument name |
Issue |
Matter concluded |
|
Privacy (International Money Transfers) Temporary Public Interest Determination 2014 (No. 2) [F2014L00534]
|
drafting
(Monitor 7/14) |
NRR |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 7 of 2014) |
drafting
(Monitor 7/14) |
NRR |
Meeting held 18 June 2014
| Instrument name |
Issue |
Matter concluded |
|
Aged Care (Conditions for Residential Care Allocations) Determination 2014 [F2014L00433]
|
Insufficient information regarding consultation
(Monitor 6/14) |
16/7/2014
Monitor 9/14 |
|
Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2014 (No.3) [F2014L00563]
|
application of offences to the AML/CTF rules
(Monitor 6/14) |
27/8/2014
Monitor 10/14 |
|
Financial Management and Accountability Amendment (2014 Measures No. 4) Regulation 2014 [F2014L00436]
|
previously unauthorised expenditure
(Monitor 6/14) |
NRR |
|
Jervis Bay Territory Rural Fires Ordinance 2014 [F2014L00443]
|
prescribing of matters by rules
(Monitor 6/14) |
27/8/2014
Monitor 10/14 |
|
Jervis Bay Territory Rural Fires Rule 2014 [F2014L00533]
|
creation of offences by rule
(Monitor 6/14) |
27/8/2014
Monitor 10/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 6 of 2014) |
drafting
(Monitor 6/14) |
NRR |
Meeting held 14 May 2014
| Instrument name |
Issue |
Matter concluded |
|
AASB 2013-9 - Amendments to Australian Accounting Standards – Conceptual Framework, Materiality and Financial Instruments - December 2013 [F2014L00370]
|
retrospectivity
(Monitor 5/14) |
25/6/2014
Monitor 7/14 |
|
Anti-Money Laundering and Counter-Terrorism Financing (Iran Countermeasures) Regulation 2014 [F2014L00371]
|
consultation
(Monitor 5/14) |
18/6/2014
Monitor 6/14 |
|
Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) Amendment List 2014 [F2014L00411]
|
(a) Drafting
(b) Insufficient information regarding consultation
(Monitor 5/14)
|
16/7/2014
Monitor 9/14 |
|
Financial Management and Accountability Amendment (2014 Measures No. 1) Regulation 2014 [F2014L00160]
|
previously unauthorised expenditure
(Monitor 5/14)
|
NRR |
|
Financial Management and Accountability Amendment (2014 Measures No. 2) Regulation 2014 [F2014L00199]
|
previously unauthorised expenditure
(Monitor 5/14)
|
NRR |
|
Financial Management and Accountability Amendment (2014 Measures No. 3) Regulation 2014 [F2014L00284]
|
previously unauthorised expenditure
(Monitor 5/14) |
NRR |
| Financial Management and Accountability Amendment (2013 Measures No. 1) Regulation 2013 SLI 2013 No. 281 [F2013L02089] |
previously unauthorised expenditure
(Monitor 5/14) |
NRR |
|
Migration Amendment (Credit Card Surcharge) Regulation 2014 [F2014L00421]
|
(a) Drafting
(b) Subdelegation of legislative power
(Monitor 5/14)
|
25/6/2014
Monitor 7/14 |
|
Migration Amendment (2014 Measures No. 1) Regulation 2014 [F2014L00286]
|
retrospective effect
(Monitor 5/14) |
25/6/2014
Monitor 7/14 |
|
Migration Regulations 1994 - Tests, Scores, Period, Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Temporary Work (Skilled)) Visas - IMMI 14/009 [F2014L00327]
|
consultation
(Monitor 5/14) |
25/6/2014
Monitor 7/14 |
|
Parliamentary Service Amendment (Public Interest Disclosure and Other Matters) Determination 2014 [F2014L00368]
|
retrospectivity
(Monitor 5/14) |
18/6/2014
Monitor 6/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 5 of 2014) |
drafting
(Monitor 5/14) |
NRR |
Meeting held 26 March 2014
| Instrument name |
Issue |
Matter concluded |
| Privacy Amendment (External Dispute Resolution Scheme—Transitional) Regulation 2014 [F2014L00219] |
consultation
(Monitor 4/14) |
18/6/2014
Monitor 6/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 4 of 2014) |
drafting
(Monitor 4/14) |
NRR |
Meeting held 5 March 2014
| Instrument name |
Issue |
Matter concluded |
| Australian Jobs (Australian Industry Participation) Rule 2014 [F2014L00125] |
prescribing of matters by 'legislative rules'
(Monitor 2/14) |
27/8/14
Monitor 10/14 |
| Home Care Subsidy Amendment (Transitional Workforce Supplement and Various Measures) Determination 2014 [F2014L00096] |
consultation
(Monitor 2/14) |
26/3/2014
Monitor 4/14 |
|
Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014 [F2014L00099]
|
consultation
(Monitor 2/14)
|
26/3/2014
Monitor 4/14 |
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 2 of 2014) |
drafting
(Monitor 2/14)
|
NRR |
Meeting held 12 February 2014
| Instrument name |
Issue |
Matter concluded |
| Amendment No. 1 to the Commonwealth Grant Scheme Guidelines 2012 [F2013L02078] |
consultation
(Monitor 1/14) |
26/3/2014
Monitor 4/14 |
| Amendment to the list of migratory species under section 209 of the Environment Protection and Biodiversity Conservation Act 1999 (26/11/2013) [F2013L02109] |
consultation
(Monitor 1/14) |
14/5/14
Monitor 5/14
|
| Amendment to the list of threatened species, ecological communities and key threatening processes under section 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (153) (11/11/2013) [F2013L02177] |
drafting
(Monitor 1/14)
|
NRR |
| Amendment to the list of threatened species, ecological communities and key threatening processes under section 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (131) (20/12/2013) [F2014L00062] |
drafting
(Monitor 1/14)
|
NRR |
| Commonwealth Places (Mirror Taxes) (Modification of Applied Law - Victoria) Notice 2013 [F2013L02055] |
drafting
(Monitor 1/14)
|
NRR |
| Commonwealth Scholarships Guidelines (Education) 2013 [F2013L02070] |
consultation
(Monitor 1/14)
|
26/3/2014
Monitor 4/14 |
| Customs Act 1901 - Specified Percentage of Total Factory Costs Determination No. 1 of 2013 [F2013L02198] |
consultation
(Monitor 1/14)
|
14/5/14
Monitor 5/14
|
| Declaration of corresponding State laws' [F2013L02043] |
delay in registering instrument
(Monitor 1/14)
|
26/3/2014
Monitor 4/14 |
| Disability Services Act (Administration of Part II of the Act) Guidelines 2013 [F2013L02002] |
consultation
(Monitor 1/14)
|
26/3/2014
Monitor 4/14 |
| Financial Management and Accountability Amendment (2013 Measures No. 1) Regulation 2013 SLI 2013 No. 281 [F2013L02089] |
addition of new schedule and programs to FMA regulations 1997
(Monitor 1/14)
|
26/3/2014
Monitor 4/14 |
| Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 [F2013L02102] (with reference to Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 [F2013L02105]) |
(a) matters more appropriate for parliamentary enactment
(b) insufficiently defined power
(c) exemption of instrument from disallowance
(d) retrospective effect of instrument
(e) consultation
(Monitor 1/14)
|
25/6/2014
Monitor 7/14 |
| Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013 SLI 2013 No. 280 [F2013L02104] |
(a) whether instrument is the same in substance as disallowed instrument
(b) retrospective effect of instrument
(c) consultation
(Monitor 1/14)
|
18/6/2014
Monitor 6/14
Monitor 9/15 |
| MRCA Treatment Principles (No. MRCC 53/2013) [F2013L02016] |
drafting
(Monitor 1/14)
|
14/5/14
Monitor 5/14
|
| Native Title (Assistance from Attorney-General) Amendment Guideline 2013 [F2013L02084] |
consultation
(Monitor 1/14)
|
26/3/2014
Monitor 4/14 |
| Ozone Protection and Synthetic Greenhouse Gas Management Amendment (Various Matters) Regulation 2013 [F2013L02135] |
insufficient information regarding infringement notice regime
(Monitor 1/14)
|
14/5/14
Monitor 5/14
|
| Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (No. R54/2013) [F2013L02031] |
drafting
(Monitor 1/14)
|
14/5/14
Monitor 5/14
|
| Numerous instruments (see appendix 1 to the Delegated legislation monitor No. 1 of 2014) |
drafting
(Monitor 1/14)
|
NRR |