Appendix 2

Appendix 2

Undertakings

Table 1: Undertakings implemented in the 41st Parliament

Instrument

Date of undertaking

Undertaking

Implemented by

Department of Agriculture, Fisheries and Forestry

Export Control (Animals) Order 2004
[F2005B00456]

16 February 2005

Order 2.12: amend to clarify the meaning of 'further period' and to allow operators to re-apply for approval of registration no later than a specified number of days before the registration expires

Order 2.14: amend to clarify the time an operator may show cause will start from 14 days after the service of the notice and enable the Secretary to suspend the registration of premises

Order 2.45:  amend to include any condition the Secretary has imposed in the list of information that an exporter is required to give to an operator of registered premises

Export Control (Animals) Amendment Order 2006 (No. 1)
[F2006L02382]
[9 July 2006]

Export Control (Meat and Meat Products) Amendment Orders 2005 (No. 1)
[F2005L00998]

6 September 2005

Order 12.4: amend to impose a direct obligation on a person in management or control to notify Secretary within 7 days of being convicted of a serious offence; and
to place an obligation on the occupier to inform all persons in management and control of this requirement

Export Control (Meat and Meat Products) Amendment Orders 2006 (No. 1)
[F2006L01737]
[24 May 2006]

Export Control (Eggs and Egg Products) Orders 2005
[F2005L02703]

Export Control (Fish and Fish Products) Orders 2005
[F2005L02705]

3 November 2005

Amend the orders to place an obligation on auditors to clearly identify themselves to the occupier and to conduct the audit in an expeditious manner than does not interfere unreasonably with the auditee's operations

Export Control (Eggs and Egg Products) Amendment Orders 2006 (No. 1)
[F2006L03924]
[27 November 2006]

Export Control (Fish and Fish Products) Amendment Orders 2006 (No. 2)
[F2006L03927]
[27 November 2006]

Export Control (Milk and Milk Products) Orders 2005
[F2005L02871]

3 November 2005

Amend the orders to place an obligation on auditors to clearly identify themselves to the occupier and to conduct the audit in an expeditious manner than does not interfere unreasonably with the auditee's operations

Export Control (Milk and Milk Products) Amendment Orders 2006 (No. 2)
[F2006L03928]
[27 November 2006]

Export Control (Plant and Plant Products) Orders 2005
[F2005L00917]

2 June 2005

Order 10.1: amend to clarify the criterion in relation to adequacy

Schedule 2, subparagraph 8.1.(c)(i):  delete the word 'substantial' from the compliance requirements for the sampling room.

Correct a typographical error in subparagraph 20(b)(ii) of Schedule 5 which should read '1 or 2 in total of all stages'

Export Control (Plant and Plant Products) Amendment Orders 2006 (No. 2)
[F2006L03929]
[27 November 2006]






Export Control (Plant and Plant Products) Orders 2005 (No. 1)
[F2005L01836]
[23 June 2005]

Farm Household Support Amendment Regulations 2004 (No. 1)
[Statutory Rules 2004 No. 206]
[F2004B00221]

24 December 2004

Subregulation 5(1): include a note advising that a person can obtain relevant financial qualifications by completing a course of post-secondary study that is relevant to giving financial advice and recognised by a professional association whose members normally give financial advice

Farm Household Support Amendment Regulations 2005 (No. 1)
[Select Legislative Instrument 2005 No. 68]
[F2005L00948]
[22 April 2005]

NPF Direction No. 90 – First Season Closures
[F2006L00867]

31 May 2006

Revoke and remake the instrument to include the year the mid-season closures will end

NPF Direction No. 95 – First Season Closures
[F2006L01560]
[17 May 2006]

Attorney-General's Department

Australian Federal Police Amendment Regulations 2000 (No.2),
[Statutory Rules 2000 No.138]
[F2000B00146]

28 September 2000

Amend the regulations to clarify the grounds for suspending Australian Federal Police appointees from duty

Australian Federal Police Amendment Regulations 2006 (No. 1)
[Select Legislative Instrument 2006 No. 326]
[F2006L03972]
[13 December 2006]

Australian Federal Police Amendment Regulations 2006 (No 1)
[Select Legislative Instrument 2006 No. 326]
[F2006L03972]

1 August 2007

Amend the regulations to remove the power to retain and re-test 'clear samples' taken from Australian Federal Police employees

Australian Federal Police Amendment Regulations 2007 (No 1)
[Select Legislative Instrument 2007 No. 264]
[F2007L0351]
[6 September 2007]

Customs Act 1901 - CEO Instrument of Approval No. 88 of 2005
[F2005L02977]

Customs Act 1901 – CEO Instrument of Approval No. 95 of 2005
[F2005L02985]

19 November 2005

Amend Customs Act 1901 - CEO Instruments of Approval Nos 65 and 107 of 2005 to remove the temporary importation circumstances

Customs Act 1901 - CEO Instrument of Approval No 111 of 2005
[F2005L03627]
[16 November 2005]

Customs Act 1901 – CEO Instrument of Approval No. 112 of 2005
[F2005L03628]
[16 November 2005]
 

Legal Services Directions 2005
[F2006L00320]

24 March 2006

Paragraph 12.3: amend to refer to a Corporations Act company

Impose by substantive provisions, the obligation on agencies to advise the other party to a settlement of a dispute

Paragraph 10.8:  amend note 2 to recommend notification rather than impose an obligation to do so

Impose by substantive provision an obligation on agencies to advise opposing parties if it is not possible, in a particular case, for the representative of an agency to settle a matter to finality in an alternative dispute resolution process

Legal Services Amendment Directions 2006 (No. 1)
[F2006L00961]
[24 March 2006]


Instrument

Date of undertaking

Undertaking

Implemented by


Department of Communications, Information Technology and the Arts

Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Notice 2003
[F2005B00259]

5 May 2003

Clause 15: amend to correct the terminology for the body responsible for testing devices

Radiocommunications (Compliance Labelling – Electromagnetic Radiation) Amendment Notice 2006 (No. 1)
[F2006L00342]
[2 February 2006]

Telecommunications Numbering Plan Variation 2004 (No. 3)
[F2005B00158]

 

3 August 2004

Clause 3.37B: amend to clarify the intent of the provision and include an explanation of the phrase 'a number' in subclause 3.37B(2)

Telecommunications Numbering Plan Variation 2004 (No. 6)
[F2005B00169]
[8 September 2004]

Telecommunications (Customer Service Guarantee) Amendment Standard 2001(No.1)
[F2005B00308]

23 April 2002

Amend the standard to include definitions of what is 'reasonable' and what is 'sufficient information' for the purposes of a carriage service provider making a 'reasonable offer' to a customer, or supplying 'sufficient information' to enable the customers to make an informed judgement

Telecommunications (Customer Service Guarantee) Amendment Standard 2006 (No. 1)
[F2006L03547]
[26 October 2006]

Department of Defence

Cadet Forces Amendment Regulations 2006 (No. 1)
[Select Legislative Instrument 2006 No. 141]
[F2006L01935]

29 August 2006

Amend the regulations to identify appropriate levels of delegation

Cadet Forces Amendment Regulations 2007 (No. 1)
[Select Legislative Instrument 2007 No. 93]
[26 April 2007]

Defence (Inquiry) Amendment Regulations 2003 (No.1)
[Statutory Rules 2003 No.311]
[2003B00325]

11 March 2004

Paragraph 102(3)(a) : amend to introduce the subparagraphs with the words 'the following persons' and omitting 'or' at the end of each of the subparagraphs

Defence (Inquiry) Amendment Regulations 2005 (No. 1)
[Select Legislative Instrument 2005 No. 70]
[22 April 2005]

Defence (Inquiry) Amendment Regulations 2005 (No. 2),
[Select Legislative Instrument 2005 No. 276]

23 February 2006

Subregulations 74(3A) and 96(3): amend to include a note  advising that witness statements made to inquiries would not be admissible in civil or criminal proceedings

Defence (Inquiry) Amendment Regulations 2006 (No.2)
[Select Legislative Instrument No. 2006 No. 142 ]
[F2006L01947]
[22 June 2006]

Defence (Inquiry) Amendment Regulations 2006 (No. 1)
[Select Legislative Instrument 2006 No. 66]
[F2006L00978]

11 July 2006

Regulation 35: amend to make it consistent with subregulation 34(2) to require the President of the Board to forward to the affected person a copy of the relevant evidence and inform them of their right to appear before the Board and to submit a written statement

Defence (Inquiry) Amendment Regulations 2007 (No 1)
[Select Legislative Instrument 2007 No. 155]
[F2007L01828]
[21 June 2007]

Defence (Public Areas) Amendment By-laws 2001 (No.1)
[Statutory Rules 2001 No.331]
[F2004B00336]

5 April 2002

Rule 8: amend to make it unequivocal that it is not an offence for a vision and hearing impaired person to take an animal into a public area

Defence (Public Areas) Amendment By-laws 2006 (No. 1)
[F2006L02960]
[20 July 2006]

Department of Education, Science and Training

Higher Education Support Act 2003 - Administration Guidelines (10/08/2004)

4 May 2005

Revoke the previous guidelines by legislative instrument

Higher Education Support Act 2003 - Administration Guidelines (15/04/2005)
[F2005L01196]
[15 April 2005]

Guidelines for the use of the word 'university in company names (24/05/2007)
[F2007L01747]

3 September 2007

Amend the guidelines to authorise the Group Manager, Higher Education Group and the Branch Manager, Quality Branch in the Higher Education Group, on behalf of the minister, to grant or refuse to grant consent to applications to use the word 'university' in the name of a company

Guidelines for the use of the word 'university in company names
[F2007L03885]
[20 September 2007]

Department of Employment and Workplace Relations

Building and Construction Industry Improvement (Accreditation Scheme) Regulations 2005
[Select Legislative Instrument 2005 No. 305]
[F2005L04059]

16 March 2006

Amend the regulations to clarify their operation with regard to the internal review process

Building and Construction Industry Improvement (Accreditation Scheme) Amendment Regulations 2006 (No 1)
[Select Legislative Instrument 2006 No. 117]
[F2006L01683]
[1 June 2006]

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 2)
[Select Legislative Instrument 2006 No. 9]
[F2006L00370]

17 July 2006

Amend the National Standards to include a note to provide further guidance regarding the use of the phrase 'change in circumstances' with reference to Comcare's code of practice for when a emergency plan requires review

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2007 (No. 2)
[Select Legislative Instrument 2007 No. 30]
[F2007L00461]
[1 March 2007]

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2007 (No. 2)
[Select Legislative Instrument 2007 No. 30]
[F2007L00461]

21 May 2007

Amend the regulations to require that safety signs are clearly visible

Occupational Health and Safety (Safety Standards) Amendment Regulations 2007 (No. 1)
[Select Legislative Instrument 2007 No. 305]
[F2007L03833]
[26 September 2007]

Department of the Environment and Heritage

Great Barrier Reef Marine Park (Aquaculture) Regulations 2000
[Statutory Rules 2000 No.6]
[F2000B00010]

29 June 2000

Amend the regulations to include criteria for determining the environmental significance of the impact of a discharge; and a broad time limit by which the authority must make a decision on an application

Great Barrier Reef Marine Park (Aquaculture) Amendment Regulations 2007 (No 1)
[Select Legislative Instrument 2007 No. 33]
[F2007L00537]
[1 March 2007]

Environment Protection and Biodiversity Conservation Amendment Regulations 2006 (No. 1)
[Select Legislative Instrument 2006 No. 131]
[F2006L01832]

Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 1)
[Select Legislative Instrument 2006 No. 132]
[F2006L01809]

11 October 2006

21 November 2006

Amend the regulations to provide for an operator of a vessel to travel at a speed 'less than 6 knots' when near cetaceans

Amend the regulations to include a note explaining the accepted equivalent of 6 knots is a brisk walking pace as outlined in the Maritime Safety Queensland Recreational Boating and Fisheries Guide

Environment Protection and Biodiversity Conservation Amendment Regulations 2007 (No 1)
[Select Legislative Instrument 2007 No. 9]
[F2007L00410]
[15 February 2007]

Great Barrier Reef Marine Park Amendment Regulations 2007 (No. 1)
[Select Legislative Instrument 2007 No. 32]
[F2007L00516]
[1 March 2007]

Department of Finance and Administration

Tenth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons (the Public Sector Superannuation Scheme)
[F2005B01226]

7 August 1996

Amend the Superannuation Act 1990 to validate administrative actions

Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003
[Act No. 64 of 2003]
[30 June 2003]

Department of Health and Ageing

National Health Act 1953 - Arrangements made under subparagraph 100(1)(b)(i) - Chemotherapy Pharmaceuticals Access Program (No. PB 8 of 2005)
[F2005L00802]

12 June 2005

Clause 24: amend to replace the term 'on-patient' with the defined term 'patient'.

National Health Act 1953 - Arrangements made under subparagraph 100(1)(b)(i)  – Chemotherapy Pharmaceuticals Access Program (No. PB 22 of 2005)
[F2005L02120]
[28 July 2005]

Investigation Principles 2007
[F2007L01117]

4 September 2007

Amend the principles to require the Secretary to make 'all reasonable attempts' to advise the informant, before releasing confidential information that has been provided to the Aged Care Complaints Investigation Scheme by the informant.

Investigation Amendment Principles 2007 (No. 1)
[F2007L03718]
[13 September 2007]


Instrument

Date of undertaking

Undertaking

Implemented by

Department of Immigration and Citizenship

Migration Amendment Regulations 2007 (No 5)
[Select Legislative Instrument 2007 No. 190]
[F2007L01980]

28 August 2007

Amend the regulations to insert a note after new subregulations 1.20DA(2A) and (2B), 1/20D(2A) and (2B) and 1.20H(1A) and (1B) to clarify the circumstances in which the minister may approve an application for a sponsor if he or she considers it reasonably appropriate to do so

Migration Amendment Regulations 2007 (No. 9)
[Select Legislative Instrument 2007 No. 273]
[F2007L03557]
[6 September 2007]

Department of Transport and Regional Services

Civil Aviation Amendment Regulations 2004 (No 1)
[Statutory Rules 2004 No. 134]
[F2004B00154]

30 August 2004

Amend the Civil Aviation Safety Regulations 1998 to clarify CASA's obligation to register an aircraft and to approve an application for change to an aircraft's existing registration mark

Civil Aviation Amendment Regulations 2004 (No. 4)
[Statutory Rules 2004 No. 345]
[F2004B00403]
[1 December 2004]

Manual of Standards  Part 65 – Standards Applicable to Air Traffic Services Licensing and Training Requirements
[F2005B00288]

14 August 2003

Amend the standards to remove surplus words in clause 3.1.6.2(b) and to specify the level of knowledge and/or experience required by the holder of an aerodrome control rating

Manual of Standards Part 65 Amendment Instrument (No. 1) 2005
[F2005L00112]
[17 January 2005]

Manual of Standards Part 139H – Standards Applicable to the Provision of Aerodrome Rescue and Fire Fighting Services
[F2005B00290]

14 August 2003

Amend the standards to delete a redundant provision

Manual of Standards (No. 1) 2004
[F2005L00113]
[31 December 2004]

Marine Orders - Part 54: Coastal Pilotage, Issue 3 (Order No.6 of 2001)

29 August 2001

Amend the orders to delete the wide delegation of powers in provision 6.5.6

Marine Orders - Part 54: Coastal Pilotage, Issue 4 (Order No. 10 of 2006)
[F2006L02604]
[1 August 2006]

The Treasury

Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2006
[F2006L00530]

2 August 2006

Amend instrument to correct an error in the date it was signed; and  to make the definition of 'NCPD insurer' in the general interpretation section consistent with the definition in clause 7

Australian Prudential Regulation Authority instrument fixing charges No. 8 of 2006
[F2006L02657]
[8 August 2006]

Currency (Perth Mint) Determination 2005 (No. 3)
[F2005L03858]

7 March 2006

Amend the determination to include the year in which $1 coins were minted.

Currency (Perth Mint) Determination 2005 (No. 3) Amendment Determination 2006 (No. 1)
[F2006L01117]
[5 April 2006]

Currency (Royal Australian Mint) Determination 2005 (No. 1)
[F2005L00325]

23/6/2005

Amend the determination to correct the inscriptions for two coins

Currency (Royal Australian Mint) Determination 2005 (No. 1) Amendment Determination 2005 (No. 1)
[F2005L02201]
[15 July 2005]

Department of Veterans' Affairs

Guide to Determining Impairment and Compensation (MRCA) Instrument No. 1 of 2004)
[F2005B01864]

25 February 2005

Amend the guidelines to ensure consistency and clarity with the use only of the defined term 'non-accepted condition'

Guide to Determining Impairment and Compensation
(GARP M)
[No. M9 of 2005]
[F2005L01293]
[26 May 2005]


Table 2: Undertakings outstanding at the end of the 41st parliament

Instrument

Date of undertaking

Undertaking

Department of Agriculture, Fisheries and Forestry

Export Control (Animals) Amendment Order 2006 (No. 1)
[F2006L02383]

13 September 2006

Amend subsection 3.07(4) to clarify that a notice may be subject to conditions

Amend sections 3.13 and 2.51 to provide for merits review of a decision concerning the costs that an exporter is required to pay

Export Control (Meat and Meat Products) Amendment Orders 2006 (No. 1)
F2006L01737]

2 August 2006

Clause 12.4: amend to clarify notification requirements for persons convicted of a 'serious offence'

Clause 12.5: amend to clarify notification requirements for occupier of a registered establishment

NPFGD Direction No. 03 - Gear Determination
[F2006L02448]

7 September 2006

Clause 3: amend to clarify intent of the preamble

Primary Industries Levies and Charges Collection Amendment Regulations 2001 (No.5)
[Statutory Rules 2001 No.235]
[F2001B00315]

2 November 2001

Amend to provide for merits review of decisions to refuse to grant or continue exemptions for lodging quarterly levy returns for farmed prawns

Primary Industries Levies and Charges Collection Amendment Regulations 2003 (No.8),
[Statutory Rules 2003 No.222]
[F2003B00233]



13 October 2003

Amend to include a cross reference from the export wheat charge to regulation 12 that indicates the retention periods for records

Attorney-General's Department

Australian Federal Police Amendment Regulations 2000 (No.2)
[Statutory Rules 2000 No.138]
[F2000B00146]

28 September 2000

Amend the regulations clarify from whom salary deductions are to be made for judgment debts

Customs Regulations (Amendment)
[Statutory Rules 1998 No.38]
[F1998B00034]

7 July 1998

Amend to provide that public officials must make a decision within 21 days (r.72) and take into account objectively rather than subjectively relevant information (r.74A(5)(b))

Customs Act 1901 - Infringement Notice Guidelines (2006)
[F2006L01860]

4 September 2006

Amend the Customs Act 1901 to include in the list of matters that must be included in an infringement notice the statement that a person cannot be prosecuted if the fine is paid within 28 days of the service of the notice

Department of Communications, Information Technology and the Arts

Australian Sports Anti-Doping Authority Regulations 2006
[Select Legislative Instrument 2006 No. 47]
[F2006L00765]

26 April 2006

Amend the regulations to specify a more precise definition of 'athlete'; and require notification of other persons if ASADA asks an athlete who is a minor to provide a sample or to inform ASADA of their location

Broadcasting Services (Anti-Terrorism Requirements for Subscription Narrowcasting Services) Standard 2006
[F2006L00871]

Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2006
[F2006L00870]


5 September 2006

Amend the standards to replace the expression 'terrorist organisation' with 'listed terrorist' to provide narrowcast broadcasters with greater certainty when determining whether a program will breach the standards

Department of Families, Community Services and Indigenous Affairs

Aboriginal Land Grant (Jervis Bay Territory) By-laws 2005
[F2005L04071]

23 March 2006

Amend to:

Clarify the position with regard to the return of confiscated items

Clarify scope of 'commercial activities'

Require wardens to produce an identity card

Clarify the provision concerning the keeping of dogs and cats within the community

Department of Health and Ageing

Therapeutic Goods Amendment Regulations 2003 (No.5)
[Statutory Rules 2003 No.301]
[F2003B00315]

11 March 2004

Amend the regulations to clarify the meaning of 'narrowcast transmission' in regulation 5BA; and the terms 'special interest groups' and 'programs of limited appeal'

Department of Transport and Regional Services

Air Navigation Amendment Regulations 1998 (No.1)
[Statutory Rules 1998 No.321]
[F1998B00339]

9 March 1999

Amend the regulations to clarify the safeguards for identity cards

Airports (Environment Protection) Amendment Regulations 1998 (No.3)
[Statutory Rules 1998 No.349]
[F1998B00366]

16 March 1999

Amend the regulations to provide for a reasonable period for reporting (r.6.03(1))

Civil Aviation Amendment Regulations 2002 (No.2)
[Statutory Rules 2002 No.167]
[F2002B00162]

26 September 2002

Amend the strict liability offence in regulation 65.060 of the Civil Aviation Safety Regulations 1998 to include an appropriate defence

Civil Aviation Amendment Regulations 2003 (No.4)
[Statutory Rules 2003 No.189]
[F2003B00198]

18 September 2003

Amend r. 173.175 of the Civil Aviation Safety Regulations 1998 to include similar provisions to 173.340(4) concerning information that CASA intends to rely on when considering appointments of certified designers or the Chief Designer

Manual of Standards Part 139H – Standards Applicable to the Provision of Aerodrome Rescue and Fire Fighting Services
[F2005B00290]

14 August 2003

Amend r. 139.875 of the Civil Aviation Safety Regulations 1998 to require records to be kept for a maximum of seven years to align with  Airservices Australia National Operating Standard Document 001

Marine Orders - Part 6: Marine Radio Qualifications, Issue 5 (Order No.5 of 2000)
[F2006B00278]

27 October 2000

Amend to clarify the intent of paragraph 8.4.1 and to remove the reference to paragraph 8.4.2 being a penal provision

The Treasury

Excise Regulations (Amendment
[Statutory Rules 1995 No.425]
[F1996B03088]

16 May 1996

Amend the Excise Act 1901 to provide for Administrative Appeals Tribunal review of decisions made under s.61C of that Act

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