Appendix 2

Appendix 2

Undertakings

Table 1: Undertakings implemented in the 42nd Parliament

Instrument

Date of undertaking

Undertaking

Implemented by

Department of Agriculture, Fisheries and Forestry

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

2 August 2006

Clauses 12.4: amend to clarify notification requirements for person convicted of 'serious offence'

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

Export Control (Meat and Meat Products) Amendment Orders 2008 (No. 1)
[F2008L03834]
[13 October 2008]

NPFGD Direction No. 03 - Gear Determination [F2006L02448]

7 September 2006

Clause 3: amend to clarify intent of the preamble

NPFGD Determination No. 05 - Gear Determination [F2010L02144]
[19 July 2010]

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 2008 (No. 4)
[Select Legislative Instrument 2008 No. 224] [F2008L04490]
[28 November 2008]

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

Primary Industries Levies and Charges Collection Amendment Regulations 2008 (No. 4)
[Select Legislative Instrument 2008 No. 224]
[F2008L04490]
[28 November 2008]


Instrument

Date of undertaking

Undertaking

Implemented by


Attorney-General's Department

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 Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 91]
[F2009L02120]
[4 June 2009]

[The regulations were repealed following the termination of the Manufacturing in Bond Scheme]

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

Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009
[22 May 2009]

Department of Broadband, Communications and the Digital Economy

Australian Postal Corporation Amendment Regulations 2008 (No. 1)
[Select Legislative Instrument 2008 No. 25]
[F2008L00792]

6 June 2008

Amend paragraph 3H(b) to clarify that the quarantine inspection will be carried out by the quarantine inspection officer

Australian Postal Corporation Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 79]
[F2009L01620]
[14 May 2009]

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

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

Broadcasting Services (Anti-Terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2008
[F2008L04444]
[20 November 2008]; and

Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2008
[F2008L04443]
[20 November 2008]

Department of Education, Employment and Workplace Relations

Higher Education Support Act 2003 - Commonwealth Scholarships Guidelines (Education) 2010 (DEEWR)
[F2010L00696]

24 June 2010

Amend subclause 2.10 to ensure that the terms 'Indigenous Enabling CECS' and 'scholarship period' are consistently defined

Higher Education Support Act 2003 - Commonwealth Scholarships Guidelines (Education) 2010 - Amendment No. 1
[F2010L01875]
[16 June 2010]

Higher Education Support Act 2003 - Other Grants Guidelines (Research) 2008 (DIISR)
[F2008L04398]

16 March 2009

Amend the guidelines to clarify the meaning of the indemnity provisions in sub-clause 6.3.

Higher Education Support Act 2003 - Other Grants Guidelines (Research) 2009 (DIISR)
[F2009L03950]
[24 September 2009]

Department of Families, Housing, Community Services and Indigenous Affairs

Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008
[F2008L01977]

16 September 2008

Amend paragraph 11(c) of the guidelines to remove the reference to 'an incorrectly held opinion'

Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2010
[F2010L01846]
[25 June 2010]

Social Security (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008
[F2008L01976]

16 September 2008

Amend paragraph 11(c) of the guidelines to remove the reference to ' an incorrectly held opinion'

Social Security (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2010
F2010L01849
[25 June 2010]

National Rental Affordability Scheme Regulations 2008
[Select Legislative Instrument 2008 No. 232]
[F2008L04484]

10 March 2009

Amend the regulations to provide for merits review of decisions made under regulations 22, 28 and 30(1)

National Rental Affordability Scheme Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 133] [F2009L02494]
[24 June 2009]

Department of Health and Ageing

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

National Anti-Doping Scheme Amendment Instrument 2008 (No. 001/008)
[F2008L03530]
[23 September 2008]

Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Trial) Determination HS/05/2007
[F2007L03671]

29 April 2008

Amend the determination to remove specification 'as in force from time to time' from the definition of 'funding agreement'

Health Insurance (Gippsland and South Eastern New South Wales Mobile MRI Trial) Determination 2008
F2008L03033
[5 August 2008]

Department of Immigration and Citizenship

Migration Legislation Amendment Regulations 2009 (No. 2)
[Select Legislative Instrument 2009 No. 116]
[F2009L02376]

16 September 2009

Amend regulation to ensure that it achieves the policy intent that non-citizens be able to benefit from regulation 2.20B whether or not they are immigration cleared

Migration Amendment Regulations 2009 (No. 13)
[Select Legislative Instrument 2009 No. 289]
[F2009L04027]
[29 October 2009]

Department of Infrastructure and Transport

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

9 March 1999

Clarify the safeguards for identity cards (to be included in a note)

Undertaking made redundant by repeal of regulations by Air Navigation Amendment Regulations 2009 (No. 2)
[Select Legislative Instrument 2009 No. 274]
[F2009L03775]
[10 October 2009]

Civil Aviation Order 82.6 Amendment Order (No. 1) 2007
[F2007L02608]

20 November 2007

Amend certain parts of the order to expressly require that CASA's approval be given in writing

Civil Aviation Order 82.6 Amendment Order (No. 1) 2008
[F2008L01742]
[19 May 2008]

CASA 516/07 - Instructions - RNAV (RNP-AR) approaches and departures
[F2007L04645]

14 May 2008

Amend the instrument to remove the term 'without fear or favour' in relation to the completion of incident forms

CASA 251/08 - Instructions - RNAV (RNP-AR) approaches and departures
[F2008L01327]
[22 May 2008]

Marine Orders - Part 28: Operations standards and procedures, Issue 3 (Order No. 4 of 2009)
[F2009L03639]

12 January 2010

Amend Part 28 to require that watchkeeping duties records must be kept for a specified period

Marine Orders - Part 28: Operations standards and procedures, Issue 3 - Amendment (Order No. 2 of 2010)
[F2010L00734]
[24 March 2010]

Department of Innovation, Industry, Science and Research

National Trade Measurement Regulations 2009
[Select Legislative Instrument 2009 No. 233]
[F2009L03479]

27 November 2009

Amend the regulations to protect a licensee of a weighbridge from strict liability offences where circumstances are beyond their control

National Trade Measurement Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 180]
[F2010L01784]
[29 June 2010]


Instrument

Date of undertaking

Undertaking

Implemented by

Department of Resources, Energy and Tourism

Offshore Petroleum and Greenhouse Gas Storage (Management of Greenhouse Gas Well Operations) Regulations 2010
[Select Legislative Instrument 2010 No. 28]
[F2010L00441]

26 March 2010

Amend regulations to provide for a time limit of 30 days for decisions concerning the acceptance, rejection or variation of well operations management plans or the acceptance or rejection of a titleholder's objection

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
[Select Legislative Instrument 2011 No. 54]
[F2011L00647]
[21 April 2011]

Offshore Petroleum (Safety) Regulations 2009
[Select Legislative Instrument 2009 No. 382]
[F2009L04578]

2 March 2010

Amend the regulations to split subregulation 4.22(2) into two offences: one for lack of qualifications to which strict liability would be applied and one for lack of competency (not strict liability)

Offshore Petroleum (Safety) Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 122]
[F2010L01496]
[3 June 2010]

Department of Sustainability, Environment, Water, Population and Communities

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1)
Select Legislative Instrument 2009 No. 4]
[F2009L00224]

18 August 2009

Amend regulation 111 to insert a specific and unambiguous phrase relating to the strict liability offence of 'handling a refrigerant'

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 64]
[F2010L00945]
[14 April 2010]

Sydney Harbour Federation Trust Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 191]
[F2009L02985]

22 October 2009

Amend the regulations to specifically exclude guide and hearing dogs from specified offences

Sydney Harbour Federation Trust Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 48]
[F2010L00746]
[24 March 2010]

The Treasury

Superannuation Industry (Supervision) Amendment Regulations 2007 (No 5)
[Select Legislative Instrument 2007 No. 343]
[F2007L03906]

28 April 2008

Amend regulations to remove retrospective commencement of certain items; and to ensure retrospective operation of other item does not disadvantage any person other than the Commonwealth

Superannuation Industry (Supervision) Amendment Regulations 2007 (No. 5) Amendment Regulations 2008 (No. 1) Select Legislative Instrument 2008 No. 133]
[F2008L02174]
[24 June 2008]; and

Superannuation Industry (Supervision) Amendment Regulations 2008 (No. 2)
[Select Legislative Instrument 2008 No. 134]
[F2008L02173]
[24 June 2008]

Department of Veterans' Affairs

Treatment Principles (Australian Participants in British Nuclear Tests) 2006 - Removal of Prior Approval under the Rehabilitation Appliances Program) Instrument 2007
[F2007L03676]

28 April 2008

Amend part 11 of the principles to require prior approval to be given in writing

Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Incorporated Documents Update) Instrument 2008 (No. R17/2008)
[F2008L03189]
[15 August 2008]


Table 2: Undertakings outstanding at the end of the 42nd 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

Quarantine Service Fees Amendment Determination 2009 (No. 2)
[F2009L02996]

25 October 2009

Amend section 7C to prescribe factors to guide DAFF secretary when exercising discretion under section 7C(5) relating to forfeiture of a deposit for services

Attorney-General’s Department

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

28 September 2000

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

Auscheck Regulations 2007
[Select Legislative Instrument 2007 No. 137]
[F2007L01570]

4 October 2007

Amend the note to regulation 11 to include a reference to the Cost Recovery Impact Statement that was prepared during the making of the regulations

Customs (Prohibited Exports) Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 15]
[F2010L00538]

3 June 2010

Amend the regulations to limit the authorisation to give permissions for the import and export of arms or related materiél to or from Eritrea to senior departmental employees

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 14]
[F2010L00540]

3 June 2010

Amend the regulations to limit the authorisation to give permissions for the import and export of arms or related materiél to or from Eritrea to senior departmental employees

Department of  Education, Employment and Workplace Relations

Student Assistance (Public Interest Certificate Guidelines) Determination 2008
[F2008L01262]

16 September 2008

Amend paragraph 10(c) of the guidelines to remove the reference to ' an incorrectly held opinion'

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

Disability Services (Eligible Services) Approval (FaHCSIA) 2008
[F2008L01381]

15 August 2008

Amend section 5 to make the delegation powers consistent with those provided for in section 33 of the Disability Services Act 1986

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'

Therapeutic Goods Amendment Regulations 2009 (No. 6)
[Select Legislative Instrument 2009 No. 374]
[F2009L04018]

15 March 2010

Amend paragraph 41C(1)(d) to remove 'inefficiency as a ground for the termination of advisory board members

Department of Infrastructure and Transport

Air Navigation Amendment Regulations 2009 (No. 1)
[Select Legislative Instrument 2009 No. 23]
[F2009L00564]

6 April 2009

Amend regulation 18 to require the Secretary of the Department of Infrastructure and Transport to provide a statement of reasons for a decision to refuse an application for an international airline licence

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 r. 173.340(4) concerning information that CASA intends to rely on when considering appointments of certified designers or the Chief Designer

Civil Aviation Safety Amendment Regulations 2008 (No. 1)
[Select Legislative Instrument 2008 No. 192]
[F2008L03483]

11 November 2008

Amend regulations 99.115 and 99.120 to clarify the intent of the provisions regarding the need for consent in obtaining a sample for drug and alcohol testing

On 2 December 2008, the minister advised that CASA would consider the matter further when substantive amendments to regulations were next made

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)
[F2006B0027]

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

Department of Resources, Energy and Tourism

Offshore Petroleum and Greenhouse Gas Storage (Management of Greenhouse Gas Well Operations) Regulations 2010
[Select Legislative Instrument 2010 No. 28]
[F2010L00441]

26 March 2010

Amend subregulations 3.2(1) and 3.5(1) to provide for a time limit of 30 days for decisions concerning the acceptance, rejection or variation of well operations management plans or the acceptance or rejection of a titleholder's objection

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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