Scrutiny of Disallowable Instruments 2011


Index of instruments 2023

The 'Scrutiny of Disallowable Instruments' lists those disallowable instruments (both legislative and non-legislative) that appear to breach the Committee's principles of scrutiny. After each meeting the Committee will write to the relevant Ministers about its concerns with the instruments listed for that week seeking an explanation or amendment of the legislation.

Meeting held 24 November 2011

Instrument Committee completed scrutiny
ASIC Class Order [CO 11/1140] 9 February 2012
Eastern Tuna and Billfish Fishery Overcatch and Undercatch (2011 Fishing Season) Determination 9 February 2012
Health Insurance (Midwife and Nurse Practitioner) Determination 2011 9 February 2012
National Consumer Credit Protection Amendment Regulations 2011 (No. 6), Select Legislative Instrument 2011 No. 201 9 February 2012
Radiocommunications (Spectrum Re-allocation) Declaration No. 1 9 February 2012
Radiocommunications (Spectrum Re-allocation) Declaration No. 2 9 February 2012

Meeting held 3 November 2011

Instrument Committee completed scrutiny
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (107) 24 November 2011
Environment Protection and Biodiversity Conservation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 191 24 November 2011
Export Control (Plant and Plant Products) Order 2011, made under regulation 3 of the Export Control (Orders) Regulations 1982 24 November 2011
Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011, Select Legislative Instrument 2011 No. 178 24 November 2011
Instrument No. CASA ADCX 021/11, made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 24 November 2011
Instrument No. CASA ADCX 022/11, made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 24 November 2011
Native Title (Provision of Financial Assistance) Amendment Guidelines 2011 (No. 1), made under subsection 213A(5) of the Native Title Act 1993 24 November 2011
Personal Property Securities Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 176 24 November 2011
Self-managed Superannuation Funds (Assets Acquired on Marriage Breakdown) Repeal Determination 2011, made under paragraph 66(2)(d) of the Superannuation Industry (Supervision) Act 1993 24 November 2011

Meeting held 13 October 2011

Instrument Committee completed scrutiny
Export Inspection (Establishment of Registration Charges) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 166 3 November 2011
Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Management Plan 2003) Temporary Order 2011 No. 2, made under subsection 43(2) of the Fisheries Management Act 1991 3 November 2011

Meeting held 22 September 2011

Instrument Committee completed scrutiny
Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1) made under subregulation 38(1) of the Civil Aviation Regulations 1988 3 November 2011
Classification (Publications, Films and Computer Games) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 160 24 November 2011
Export Control (Fees) Amendment Orders 2011 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982 24 November 2011
Export Control (Fish and Fish Products) Amendment Orders 2011 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982 3 November 2011

Meeting held 15 September 2011

Instrument Committee completed scrutiny
Copyright Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 149 13 October 2011
Enforcement Guidelines of the ACMA, made under subsection 215(4) of the Broadcasting Services Act 1992 13 October 2011

Meeting held 25 August 2011

Instrument Committee completed scrutiny
Building Energy Efficiency Disclosure (Disclosed Affected Buildings) Determination 2011 made under sections 13, 15 and 21 of the Building Energy Efficiency Disclosure Act 2010 13 October 2011
Defence Determination 2011/34 made under section 58B of the Defence Act 1903 3 November 2011
Instrument No. CASA ADCX 016/11 made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 13 October 2011
Maritime Transport and Offshore Facilities Security Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 140 22 September 2011
Therapeutic Goods (Listing) Notice 2011 (No. 1) made under subregulation 9A(5) of the Therapeutic Goods Act 1989 22 September 2011

Meeting held 18 August 2011

Instrument Committee completed scrutiny
A New Tax System (Goods and Services Tax) Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 127 19 September 2011
Amendment to Australian Accounting Standards to Remove Individual Kay Management Personnel Disclosure Requirements - AASB 2011-4, made under section 334 of the Corporations Act 2001 15 September 2011
Auditing Standard ASA 2011-1: Amendments to Australian Auditing Standards, made under section 336 of the Corporations Act 2001 15 September 2011
Civil Dispute Resolution Regulations 2011, Select Legislative Instrument 2011 No. 113 22 September 2011
Determination of Fees for Water and Sewerage Services No. 3 of 2011, made under section 9 of the Christmas Island Act 1958 15 September 2011
Determination of Fees for Water and Sewerage Services No. 4 of 2011, made under section 12 of the Cocos (Keeling) Islands Island Act 1955 15 September 2011
Family Tax Benefit (Studying Overseas Full-time) Determination 2011 made under section 3C of the A New Tax System (Family Assistance) Act 1999 24 November 2011
Federal Magistrates (Terms and Conditions of Appointment) Amendment Determination 2011 (No. 1), made under subclause 8(1) of Schedule 1 to the Federal Magistrates Act 1999 15 September 2011
Human Services Legislation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 120 15 September 2011
Human Services (Centrelink) Regulations 2011, Select Legislative Instrument 2011 No. 121 15 September 2011
Instrument No. CASA ADCX 013/11, made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998 15 September 2011
Migration Amendment Regulations 2011 (No. 4), Select Legislative Instrument 2011 No. 122 15 September 2011
Private Health Insurance (Benefit Requirements) Amendment Rules 2011 (No. 4), made under item 3A of the table in section 333-20 of the Private Health Insurance Act 2007 15 September 2011
Safety, Rehabilitation and Compensation (Weekly Interest on the Lump Sum) Notice 2011 (No. 1) Notice No. 1 of 2011, made under subsection 21(5) of the Safety, Rehabilitation and Compensation Act 1988 15 September 2011
Superannuation Industry (Supervision) Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 130 13 October 2011
Superannuation Legislation (Public Sector Superannuation Schemes) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 131 15 September 2011
Superannuation Act 1990 (Division of Costs) Determination No. 2 Amendment Determination 2011 (No. 1), made under subsection 24(1) of the Superannuation Act 1990 15 September 2011

Meeting held 7 July 2011

Instrument Committee completed scrutiny
Aged Care (Amount of Flexible Care Subsidy - Extended Aged Care at Home - Dementia) Determination 2011 (No. 1) made under section 52-1 of the Aged Care Act 1997 18 August 2011
Australian Wine and Brandy Corporation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 85 18 August 2011
Civil Aviation Order 82.3 Amendment Order (No. 1) 2011 made under paragraph 28BA(1)(b) and subsection 98(4A) of the Civil Aviation Act 1988 18 August 2011
Direction Relating to Foreign Currency Transactions and Syria made under regulation 5 of the Banking (Foreign Exchange) Regulations 1959 25 August 2011
Income Tax Amendment Regulations 2011 (No. 3), Select Legislative Instrument 2011 No. 110 18 August 2011
Manual of Standards Part 66 Amendment Instrument (No. 2) 2011 made under regulation 66.015 of the Civil Aviation Safety Regulations 1998 18 August 2011
Manual of Standards Part 145 Amendment Instrument (No. 1) 2011 made under regulation 145.015 of the Civil Aviation Safety Regulations 1998 18 August 2011
Manual of Standards Part 147 Amendment Instrument (No. 1) 2011 made under regulation 147.015 of the Civil Aviation Safety Regulations 1998 18 August 2011
Migration Legislation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 105 18 August 2011
Parliamentary Entitlements Amendment Regulations 2011 (No. 1) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 97 18 August 2011
Renewable Energy (Electricity) Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 88 25 August 2011
Taxation Administration Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 84 22 August 2011
Variation of Exemption (relating to paragraph 8(1)(a)) made under subregulation 38(2) of the Banking (Foreign Exchange) Regulations 1959 25 August 2011
Variation of Exemption (relating to subregulation 6(1)) made under subregulation 38(2) of the Banking (Foreign Exchange) Regulations 1959 25 August 2011

Meeting held 23 June 2011

Instrument Committee completed scrutiny
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (105) 18 August 2011
Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 made under section 17 of the Australian Meat and Live-stock Industry Act 1997 25 August 2011
Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 made under section 17 of the Australian Meat and Live-stock Industry Act 1997 25 August 2011
Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 77 18 August 2011
Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 made under regulation 3 of the Export Control (Orders) Regulations 1982 25 August 2011
Export Control (Protection of Animal Welfare) Order 2011 made under regulation 3 of the Export Control (Orders) Regulations 1982 25 August 2011
Federal Financial Relations (National Specific Purpose Payments) Determination 2009-10 made under Part 3 of the Federal Financial Relations Act 2009 22 August 2011
Income Tax - Temporary Flood and Cyclone Reconstruction Levy Exemptions 2011 made under subsections 4-10(2) of the Income Tax (Transitional Provisions) Act 1997 18 August 2011
Instrument No. CASA 204/11 made under subregulation 235A(1) of the Civil Aviation Regulations 1988 18 August 2011
Instrument No. CASA EX55/11 made under regulation 308 of the Civil Aviation Regulations 1988 18 August 2011
Plant Health Australia (Plant Industries) Funding Determination 2011 made under subsection 10(3) of the Plant Health Australia (Plant Industries) Funding Act 2002 18 August 2011
Superannuation (Financial Assistance Funding) Levy and Collection Amendment Regulations, Select Legislative Instrument 2011 No. 82 22 September 2011

Meeting held 16 June 2011

Instrument Committee completed scrutiny
Aviation Transport Security Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 61 18 August 2011
Consumer Protection Notice No. 21 of 2011 - Safety Standard: Child Restraint Systems for use in Motor Vehicles made under subsection 105(1) of Schedule 2 to the Competition and Consumer Act 2010 7 July 2011
Defence (Personnel) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 59 7 July 2011
Instrument No. CASA EX48/11 made under subregulation 308(1) of the Civil Aviation Regulations 1988 25 August 2011
Instrument No. CASA EX50/11 made under subregulation 308(1) of the Civil Aviation Regulations 1988 24 August 2011
Instrument Adopting and Revoking Recovery Plans made under subsection 269A(7) of the Environment Protection and Biodiversity Conservation Act 1999 7 May 2011
Intellectual Property Legislation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 62 18 August 2011
Life Insurance (prudential standard) determination No. 1 of 2011 made under subsections 230A(1) and (5) and 252(4) of the Life Insurance Act 1995 18 August 2011
Life Insurance (prudential standard) determination No. 2 of 2011 made under subsections 230A(1) and (5) and 252(4) of the Life Insurance Act 1995 18 August 2011
National Consumer Credit Protection Amendment Regulations 2011 (No. 3), Select Legislative Instrument 2011 No. 67 15 September 2011
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011, Select Legislative Instrument 2011 No. 54 7 July 2011

Meeting held 12 May 2011

Instrument Committee completed scrutiny
Australian Information Commissioner Regulations 2011, Select Legislative Instrument 2011 No. 44 23 June 2011
Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2011, made under subsection 125(2) of the Broadcasting Services Act 1992 18 August 2011
Broadcasting Services (Anti-Terrorism Requirements for Subscription Televiison Narrowcasting Services) Standard 2011, made under subsection 125(2) of the Broadcasting Services Act 1992 18 August 2011
Direction Not to Engage in Fishing - NPF Direction No. 148 Prohibition on Fishing (Prior to Seasons), made under subsections 22(5) and 41A(2) of the Fisheries Management Act 1991 16 June 2011
Insurance Legislation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No., 48 23 June 2011
MRCA Treatment Principles (Community Care at Home approved under the Aged Care Act 1997 for Former Prisoners of War and Victoria Cross for Australia Recipients) Determination 2011 - Instrument No. M8/2011, made under subsection 286(3) of the Military Rehabilitation and Compensation Act 2004 16 June 2011
Privacy (Private Sector) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 47 23 June 2011
Radiocommunications (Electromagnetic Radiation - Human Exposure) Amendment Standard 2011 (No. 2), made under section 162 of the Radiocommunications Act 1992 23 June 2011
Telecommunications Universal Service Obligation (Standard Telephone Service - Requirements and Circumstances) Determination (No. 1) 2011, made under subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 7 July 2011
Therapeutic Goods Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 30 16 June 2011
Veterans' Entitlements (Transition Care/Community Care at Home Package - Co-Payment for Ex POWs/Victoria Cross Recipients) Eligibility Determination - Instrument No. R3/2011, made under paragraph 88A(1)(a) of the Veterans' Entitlements Act 1986 16 June 2011
Veterans' Entitlements (Treatment Principles - Transition Care-Co-Payment for Former Prisoners of War and Victoria Cross Recipients) Instrument 2011 - Instrument No. R2/2011, made under subsection 90(5) of the Veterans' Entitlements Act 1986 16 June 2011

Meeting held 24 March 2011

Instrument Committee completed scrutiny
Family Law Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 20 12 May 2011
Migration Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 13 12 May 2011
Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Allied Mental Health Care Providers) Instrument 2011 - Instrument No. R13/2011 12 May 2011

Meeting held 3 March 2011

Instrument Committee completed scrutiny
Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 1 of 2011) made under subsection 115(2) of the Broadcasting Services Act 1992 8 June 2011
Currency (Perth Mint) Determination 2010 (No. 3) made under sections 13 and 13A of the Currency Act 1965 14 June 2011
Instrument No 11/1198 made under paragraph 39.004(3)(a) of the Civil Aviation Safety Regulations 1998 23 June 2011
Instrument No. PB 13 of 2011 made under subsection 99AAA(8) of the National Health Act 1953 8 June 2011
Military Rehabilitation and Compensation (Weekly Payments - Class of Persons) Specification made under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004 16 June 2011
National Health (Price and Special Patient Contribution) Amendment Determination 2011 (No. 2) - Instrument No. PB 15 of 2011, made under section 85B of the National Health Act 1953 12 May 2011
Rural Tertiary Hardship Fund Scheme 2011 made under subsection 1061ZZFW(1) of the Social Security Act 1991 12 May 2011
Telecommunications Numbering Plan Variation 2011 (No. 1) made under section 45 of the Telecommunications Act 1997 12 May 2011
Veterans' Entitlements (Weekly Payments - Class of Persons) Specification 2011 made under subsection 58A(3C) and 121(5C) of the Veterans' Entitlements Act 1986 16 June 2011
VET Provider Approval (No. 2 of 2011) made under clauses 6 and 11 of Schedule 1A to the Higher Education Support Act 2003 12 May 2011

Meeting held 10 February 2011

Instrument Committee completed scrutiny
ASIC Class Order [CO 10/1230] made under paragraph 163(3)(d) of the National Consumer Credit Protection Act 2009 24 March 2011
Australian Passports Amendment Determination 2010 (No. 2) made under section 57 of the Australian Passports Act 2005 24 March 2011
Automotive Transformation Scheme Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 329 3 March 2011
Bankruptcy Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 287 24 March 2011
Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2010 (No. 2) made under section 10 of the Building Energy Efficiency Disclosure Act 2010 24 March 2011
Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 328 24 March 2011
Civil Aviation Safety Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 277 24 March 2011
Corporations Amendment Regulations 2010 (No. 9), Select Legislative Instrument 2010 No. 301 24 March 2011
Customs (Prohibited Imports) Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 275 3 March 2011
Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 made under regulation 3 of the Export Control (Orders) Regulations 1982 25 August 2011
Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 made under regulation 3 of the Export Control (Orders) Regulations 1982 25 August 2011
Financial Management and Accountability Amendment Regulations 2010 (No. 6), Select Legislative Instrument 2010 No. 323 24 March 2011
High Court of Australia Building and Precincts Directions for Regulating the Conduct of Persons made under subsection 19(2) of the High Court of Australia Act 1979 24 March 2011
Maritime Transport and Offshore Facilities Security Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 299 24 March 2011
Occupational Health and Safety (Definition of Employee) Notice 2010 (1) made under subsection 9(5) of the Occupational Health and Safety Act 1991 12 May 2011
Occupational Health and Safety (Definition of Employee) Notice 2010 (2) made under subsection 9(5) of the Occupational Health and Safety Act 1991 12 May 2011
Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Regulations 2010 (No. 2), Select Legislative Instrument 2010 No. 330 3 March 2011
Payment Systems (Regulation) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 279 24 March 2011
Private Health Insurance (Insurer Obligations) Amendment Rules 2010 (No. 1) made under section 333-25 of the Private Health Insurance Act 2007 24 March 2011
Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (1) made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 12 May 2011
Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2010 (2) made under subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988 12 May 2011

If you have any queries on these instruments please contact the Secretariat on:

Telephone (02) 6277 3066
Facsimile (02) 6277 5838
E-mail regords.sen@aph.gov.au