Appendix 2
Undertakings
Table
1: Undertakings implemented in 2011-12
Instrument
|
Date of undertaking
|
Undertaking
|
Implemented
by
|
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
|
Australian Federal Police Amendment
Regulations 2011 (No. 1)
[Select Legislative Instrument 2011 No. 202]
[F2011L02444]
[23 November 2011]
|
Department of
Broadband, Communications and the Digital Economy
|
Telecommunications Universal
Service Obligation (Standard Telephone Service – Requirements and
Circumstances) Determination (No. 1) 2011
[F2011L00417]
|
5 July 2011
|
Amend the determination to
correct references to 'premises' to use the plural form of the verb
|
Telecommunications Universal
Service Obligation (Standard Telephone Service – Requirements and
Circumstances) Determination (No. 1) 2011 (Amendment No. 1 of 2012)
[F2012L01125]
[3 May 2012]
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Implemented
by
|
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
|
Defence Determination 2011/33
[13 July 2011]
|
Family Court
of Australia
|
Family Law Amendment Rules 2011
(No. 2)
[Select Legislative Instrument 2011 No. 286]
[F2011L02792]
|
5 April 2012
|
Amend the rules to clarify the
meaning of 'a court event'
|
Family Law Amendment Rules 2012
(No. 1)
[Select Legislative Instrument 2012 No. 95]
[F2012L01153]
[28 May 2012]
|
Department
of Health and Ageing
|
Therapeutic Goods Amendment
Regulations 2011 (No. 1)
[Select Legislative Instrument 2011 No. 30]
[F2011L00431]
|
31 May 2011
|
Amend subregulation 10H(1) to
make the offence of failing to return a certificate to the secretary one of
strict liability
|
Therapeutic Goods Amendment
Regulations 2011 (No. 3)
[Select Legislative Instrument 2011 No. 281]
[F2011L02595]
[7 December 2011]
|
The
Treasury
|
Excise Regulations (Amendment)
[Statutory Rules 1995 No. 425]
[F1996B03088]
|
16 May 1996
|
Amend the Excise Act 1901
to provide for AAT review of decisions made under s. 61C of that Act
|
Excise
Amendment (Reducing Business Compliance Burden) Act 2012
[Act No. 36 of 2012]
[15 April 2012]
|
Table
2: Undertakings outstanding at 30 June 2012
Instrument
|
Date of undertaking
|
Undertaking
|
Department
of Agriculture, Fisheries and Forestry
|
Export Control (Animals)
Amendment Order 2006 (No. 1)
[F2006L02382]
|
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 (Poultry Meat
and Poultry Meat Products) Orders 2010
[F2010L03051]
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
|
Export Control (Poultry Meat
and Poultry Meat Products) Orders 2010
[F2010L03051]
Export Control (Wild Game Meat
and Wild Game Meat Products) Orders 2010
[F2010L03050]
|
24 August 2011
|
Amend the orders to remove the
term 'destroy' from provisions concerning electronic permits and
certificates; and to apply the orders only to paper government certificates
and permits
|
Export Control (Fees) Amendment
Orders 2011 (No. 1)
[F2011L01865]
|
21 November 2011
|
Amend the orders to include a
note in order 5B about the possible applications of order 49 to remit the
whole or part of a fee if the Secretary of the Department of Agriculture, Fisheries
and Forestry thinks there is sufficient reason to do so
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Export Control (Plant and Plant
Products) Order 2011
[F2011L02005]
|
23 November 2011
|
Amend the order to require that
approval holders (for both container and vessel approvals) be notified in a
reasonable manner that cancellation of the approval holder's approval has
been made, or will occur, in circumstances where conditions relating to the
container and/or vessel have changed following the inspection by an
authorised officer; and clarify the use of the uncertain term 'forthwith' in
the order
|
Attorney-General's
Department
|
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
|
Department of
Climate Change and Energy Efficiency
|
Clean Energy Amendment
Regulation 2012 (No. 1)
[Select Legislative Instrument 2012 No. 12]
[F2012L00417]
|
12 April 2012
|
Amend the regulation to revise
the definition of ASTM (the American Society for Testing and Materials) to
clarify that the reference to those standards are those as updated from time
to time, unless a certain date is specified for the standard
|
Instrument
|
Date of
undertaking
|
Undertaking
|
Department
of Defence
|
Defence Determination 2011/34,
Financial support for legal or financial advice on death of a member under
section 58B of the Defence Act 1903
|
29 November 2011
|
Amend the determination to
specify as a mandatory requirement that the Defence Community Organisation
(DCO) social worker be required to inform a potential recipient that this
assistance may be accessed if they meet the relevant criteria; to clarify
that submissions are to be submitted through the DCO social worker; and to
specify an inclusive list of conditions which may cause difficulty with
financial literacy.
|
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'
|
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 clarify the intent of the provision
|
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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