Appendix 2
Undertakings
Table 1: Undertakings implemented
in 2010-11
Instrument
|
Date of undertaking
|
Undertaking
|
Implemented
by
|
Department
of Agriculture, Fisheries and Forestry
|
Quarantine Service Fees
Amendment Determination 2009 (No. 2)
[F2009L02996]
|
15 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
|
Quarantine Services Fees
Amendment Determination 2010 (No. 1)
[F2010L03257]
[8 December 2010]
|
Attorney-General's
Department
|
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 materiƩl to or from Eritrea to senior departmental employees
|
Customs (Prohibited Exports)
Amendment Regulations 2010 (No. 3)
[Select Legislative Instrument 2010 No. 314]
[F2010L03171]
[8 December 2010]
|
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 materiƩl to or from Eritrea to senior departmental employees
|
Customs (Prohibited Imports) Amendment
Regulations 2010 (No. 3)
[Select Legislative Instrument 2010 No. 315]
[F2010L03172]
[8 December 2010]
|
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'
|
Student Assistance (Public
Interest Certificate Guidelines) Determination 2011
[F2011L00138]
[13 January 2011]
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Implemented
by
|
Department
of Health and Ageing
|
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
|
Therapeutic Goods Amendment
Regulations 2011 (No. 2)
[Select Legislative Instrument 2011 No. 102]
[F2011L01100]
[16 June 2011]
|
Therapeutic Goods (Medical Devices) Amendment Regulations 2010
(No. 3)
[Select Legislative Instrument 2010 No. 267] [F2010L02787]
|
14 December 2010
|
Amend clause 11 in Schedule 3A to clarify the person responsible for
destroying unused emergency medical devices where the owner of the devices
fails to comply with a provision of the schedule
|
Therapeutic Goods (Medical Devices) Amendment Regulations 2011
(No. 2)
[Select Legislative Instrument 2011 No. 104]
[F2011L01102]
[16 June 2011]
|
Department
of Infrastructure and Transport
|
Marine Orders - Part 21: Safety
of navigation and emergency procedures, Issue 7 (Order No. 6 of 2010)
[F2010L01898]
|
16 November 2010
|
Amend clause 14.3.3 to make
reference to five degrees in the text of the provision, thereby omitting the
need for the note; and review part 21 to ensure substantive material is
contained within provisions of the part
|
Marine Orders - Part 21: Safety
of Navigation and Emergency Procedures - Amendment (Order No. 3 of 2011)
[F2011L00947]
[1 June 2011]
|
Department
of Industry, Innovation, Science, Research and Tertiary Education
|
Automotive Transformation
Scheme Regulations 2010
[Select Legislative Instrument 2010 No. 82]
[F2010L01201]
|
12 July 2010
|
Amend the regulations to
clarify the provision concerning the way a cartel or price-fixing arrangement
is determined (regulation 1.29); correct a typographical error in regulation 2.28;
and require the minister to advise an applicant in writing of a decision to
refuse an application in the national interest (regulations 2.8, 2.25)
|
Automotive Transformation
Scheme Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 329]
[F2010L03200]
[8 December 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 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
|
Offshore Petroleum and
Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
[Select Legislative Instrument 2011 No. 54]
[F2011L00647]
[21 April 2011]
|
The
Treasury
|
ASIC Market Integrity Rules
(ASX Market) 2010
[F2010L02211]
|
17 January 2011
|
Amend rule 2.1.4(2)(b)(i) to
remove the reference to a person being 'charged with an offence' to ensure
the rule provides only for a person to have been convicted of an offence
|
ASIC Market Integrity Rules (ASX
Market) Amendment 2011 (No. 1)
[F2011L00217]
[7 February 2011]
|
Table 2: Undertakings outstanding
at 30 June 2011
Instrument
|
Date of undertaking
|
Undertaking
|
Department
of Agriculture, Fisheries and Forestry
|
Export Control (Animals) Amendment Order 2006 (No. 1)
[F2006L02382]
|
13 September 2006
|
Amend subregulation 3.07(4) to clarify that a notice may be subject
to conditions
Amend regulations 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 (Poultry Meat and Poultry Meat Products) Orders 2010
[F2010L03051]
|
14 June 2011
|
Amend the orders to specify that the scope of an audit is to be
determined prior to its commencement
|
Export Control (Wild Game Meat and Wild Game Meat Products) Orders
2010
[F2010L03050]
|
14 June 2011
|
Amend the orders to specify that the scope of an audit is to be
determined prior to its commencement
|
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 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
|
Department
of Broadband, Communications and the Digital Economy
|
Telecommunications Service
Provider (Mobile Premium Services) Determination 2010 No. 1
[F2010L00639]
|
23 November 2010
|
Amend section 13 of the
determination to clarify compliance timeframes
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Department
of Defence
|
Defence Determination 2010/8
made under section 58B of the Defence Act 1903
|
2 December 2010
|
Amend subclause 5.4.10.1 to
read 'A member must report to the Defence Health Service when she believes
she is pregnant'
Amend subclause 5.4.10.2 to
permit the requirement for some form of evidence to be provided by the
member, or someone on her behalf, six weeks after the end of the pregnancy
|
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
2011 (No. 1)
[Select Legislative Instrument 2011 No. 30]
[F2011L00434]
|
31 May 2011
|
Amend subregulation 10H(11) to
make the offence of failing to return a certificate to the secretary one of
strict liability (consistent with another offence)
|
Instrument
|
Date of
undertaking
|
Undertaking
|
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 (regulation 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 regulation 173.175 of the Civil Aviation Safety Regulations to
include similar provisions to subregulation 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 (undertaking subsequently amended to considering the matter
further when considering next substantive amendments to regulations)
|
Civil Aviation Safety Regulations 1998
[F2012C00363]
|
14 August 2003
|
Amend regulation 139.875 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
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Department
of Sustainability, Environment, Water, Population and Communities
|
Environment Protection and
Biodiversity Conservation Amendment Regulations 2010 (No. 1)
[Select Legislative Instrument 2010 No. 100]
[F2010L01366]
|
15 November 2010
|
Review the application of the
offence provision in paragraph 12.58(2)(b) (likelihood of a parachutist
landing in a Commonwealth reserve); and the apparent duplication of
requirements in paragraph 10.02AD(a) and (b) to clarify the intent of the
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
|
Department
of Veterans' Affairs
|
Treatment Principles (Australian
Participants in British Nuclear Tests) 2006 (Claims/Dental/Fees) Instrument
2010 (No. R9/2010)
[F2010L02630]
|
23 November 2010
|
Amend paragraph 3.5.1(o) to
specify that acceptance of an 'other GP' fee must be dependent on the GP
complying with the principles
|
Military Rehabilitation and
Compensation (Weekly Payments - Class of Persons) Specification 2011
[F2011L00238]
|
17 May 2011
|
Amend the instrument to include
examples in a note explaining the term 'financially vulnerable and
significantly disadvantaged' when it is next amended; and consider at that
time the suitability of the phrase
|
Veterans' Entitlements (Weekly
Payments – Class of Persons) Specification 2011
[F2011L00240]
|
17 May 2011
|
Amend the instrument to include
examples in a note explaining the term 'financially vulnerable and
significantly disadvantaged' when it is next amended; and consider at that
time the suitability of the phrase
|
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