01 December 2022
PDF Version [1626KB]
Scanlon Williams and Daniel Greiss
Law and Bills Digest Section
Contents
Agriculture, Fisheries and Forestry
Attorney-General’s
Climate Change, Energy, the
Environment and Water
Defence
Education.
Employment and Workplace Relations
Finance
Foreign Affairs and Trade
Health and Aged Care
Home Affairs
Industry, Science and Resources
Infrastructure, Transport, Regional
Development, Communications and the Arts
Prime Minister and Cabinet
Social Services
Treasury.
Veterans’ Affairs
Agriculture, Fisheries and
Forestry
Agricultural and Veterinary
Chemicals Code (MRL Standard) Amendment Instrument (No. 7) 2022 [F2022L01447]
What it does:
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Other Details:
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The instrument amends the Agricultural and
Veterinary Chemicals Code (MRL Standard) Instrument 2019 to set new and
varied maximum residue limits and make other changes to the tables.
When deciding whether to register a chemical product as
safe to be supplied, sold or used in Australia, the Australian Pesticides and
Veterinary Medicines Authority (APVMA) undertakes a residue risk assessment,
which includes a dietary risk assessment. A key outcome of these assessments
is the setting of a maximum residue limit (MRL) for a particular chemical in
relation to nominated crops and animals. An MRL is the maximum amount of a
residue which is expected and legally permitted to be present in food or
animal feed if the agricultural or veterinary chemical product was used
according to its label instructions as approved by the APVMA.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 10
November 2022 [F2022L01447]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 11 November 2022
Made under: subsection
6(2) of the Agricultural
and Veterinary Chemicals Code Act 1994
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Eastern
Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch)
Determination 2023 [F2022L01469]
What it does:
|
Other Details:
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The instrument determines the fishing season and the Total
Allowable Commercial Catch (TACC) for each quota species in the Eastern Tuna
and Billfish Fishery (the Fishery) for the 2023 fishing season.
The Eastern Tuna and Billfish Fishery (ETBF) covers the
area of waters in the Australian Exclusive Economic Zone (EEZ) included on
the east coast of Australia between the South Australia/Victoria border and
Cape York in the North. The ETBF also includes a restricted entry zone in the
Coral Sea and a high seas zone that provides specific arrangements for
fishing in the ETBF beyond the Australian EEZ.
The Australian Fisheries Management Authority (AFMA)
determined the Eastern
Tuna and Billfish Fishery Management Plan 2010 (the Plan) pursuant to section
17 of the Fisheries
Management Act 1991. Under subsection
3.2(1) of the Plan, AFMA must determine a TACC for each quota fish
species for the Fishery.
The instrument sets the following TACC for the Fishery for
the following quota species:
- Albacore
tuna – 2,500 tonnes
- Bigeye
tuna – 1,056 tonnes
- Broadbill
swordfish – 1,047 tonnes
- Striped
marlin – 351 tonnes
- Yellowfin
tuna – 2,400 tonnes
See the Explanatory
Statement for the instrument for further information.
See also Eastern Tuna and
Billfish Fishery (Overcatch and Undercatch) Determination 2023 [F2022L01471],
discussed below.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01469]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 January 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and
sections 1.3
and 3.2
of the Eastern
Tuna and Billfish Fishery Management Plan 2010
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Eastern
Tuna and Billfish Fishery’, Australian Fisheries Management Authority.
- ‘Albacore
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus alalunga (Albacore Tuna)’, International
Union for Conservation of Nature’s (IUCN) Red List of Threatened Species.
- ‘Bigeye
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus obesus (Bigeye Tuna)’, IUCN Red List of
Threatened Species.
- ‘Broadbill
swordfish’, Australian Fisheries Management Authority.
- ‘Striped
marlin’, Australian Fisheries Management Authority.
- ‘Kajikia audax (Striped Marlin)’, IUCN Red List
of Threatened Species.
- ‘Yellowfin
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus albacares (Yellowfin Tuna)’, IUCN Red
List of Threatened Species.
- ‘Maritime Boundary Definitions’, Geoscience
Australia.
|
Eastern
Tuna and Billfish Fishery (Overcatch and Undercatch) Determination 2023
[F2022L01471]
What it does:
|
Other Details:
|
The instrument determines the amounts and percentages for
each quota species applying to the Eastern Tuna and Billfish Fishery (the
Fishery) in relation to undercatch and overcatch for the fishing season
beginning on 1 January 2023 and concluding on 31 December 2023.
The Eastern Tuna and Billfish Fishery (ETBF) covers the
area of waters in the Australian Exclusive Economic Zone (EEZ) included on
the east coast of Australia between the South Australia/Victoria border and
Cape York in the North. The ETBF also includes a restricted entry zone in the
Coral Sea and a high seas zone that provides specific arrangements for
fishing in the ETBF beyond the Australian EEZ.
The Australian Fisheries Management Authority (AFMA)
determined the Eastern
Tuna and Billfish Fishery Management Plan 2010 (the Plan) pursuant to section
17 of the Fisheries
Management Act 1991. Pursuant to section
4.5 of the Plan, AFMA must determine a percentage and weight for the
purpose of applying the overcatch provisions to the Fishery. Section
4.6 of the Plan provides that AFMA must determine a percentage for the
purpose of applying the undercatch provisions to the Fishery.
Undercatch and overcatch provides for ‘carry over’ or
‘carry under’ of a small amount of end of season quota between fishing
seasons thereby allowing fishers the flexibility to catch a certain amount of
fish over or under their quota, and debit or credit this to or from the
following season’s quota.
The instrument sets the following percentages and weights:
- the
determined overcatch percentage, and the determined overcatch weight for
albacore tuna, bigeye tuna, broadbill swordfish, striped marlin and yellowfin
tuna is 10 per cent, and 2 tonnes, respectively
- the
determined undercatch percentage for albacore tuna, bigeye tuna, broadbill
swordfish, striped marlin and yellowfin tuna is 10 per cent.
See the Explanatory
Statement for the instrument for further information.
See also Eastern Tuna and
Billfish Fishery (Fishing Season and Total Allowable Commercial Catch)
Determination 2023 [F2022L01469], discussed above.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01471]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 January 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and sections
3.2, 4.5
and 4.6
of the Eastern
Tuna and Billfish Fishery Management Plan 2010
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Eastern
Tuna and Billfish Fishery’, Australian Fisheries Management Authority.
- ‘Albacore
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus alalunga (Albacore Tuna)’, International
Union for Conservation of Nature’s (IUCN) Red List of Threatened Species.
- ‘Bigeye
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus obesus (Bigeye Tuna)’, IUCN Red List of
Threatened Species.
- ‘Broadbill
swordfish’, Australian Fisheries Management Authority.
- ‘Striped
marlin’, Australian Fisheries Management Authority.
- ‘Kajikia audax (Striped Marlin)’, IUCN Red List
of Threatened Species.
- ‘Yellowfin
tuna’, Australian Fisheries Management Authority.
- ‘Thunnus albacares (Yellowfin Tuna)’, IUCN Red
List of Threatened Species.
- ‘Maritime Boundary Definitions’, Geoscience
Australia.
|
Heard
Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2022
[F2022L01468]
What it does:
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Other Details:
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The instrument determines the total allowable catch (TAC) for
target species and catch limits for other species in the Heard Island and
McDonald Islands Fishery (the Fishery) for the 2022–23 fishing year. The
target species are Patagonian toothfish (Dissostichus eleginoides) and
Mackerel icefish (Champsocephalus gunnari). Other species listed in
the Determination are species that may be caught by fishers as incidental
catch while fishing for the target species in the Fishery.
The Fishery includes external territories of Australia
located in the Southern Indian Ocean about 4,000 km south-west of Perth. The
islands lie within the Convention Area as described in the Convention on the Conservation of Antarctic Marine Living
Resources. The waters surrounding the islands out to 200
nautical miles are part of the Australian Fishing Zone, which is managed by
the Australian Fisheries Management Authority (AFMA).
AFMA determined the Heard Island and
McDonald Islands Fishery Management Plan 2002 (the Plan) pursuant to section
17 of the Fisheries
Management Act 1991. Under section 11
of the Plan, AFMA must, before the beginning of each fishing year, determine
the TAC by the Fishery with respect to certain species of fish. Before
deciding on the TAC for target species and catch limits for other species,
AFMA must (among other things) take into account the TAC set by the Commission
for the Conservation of Antarctic Marine Living Resources (CCAMLR).
The instrument sets the following limits on the fish that
may be taken by the Fishery:
- 2,510
tonnes for Patagonian toothfish (Dissostichus eleginoides)
- 2,616
tonnes for Mackerel icefish (Champsocephalus gunnari)
- 409
tonnes combined for Caml grenadier (Macrourus caml) and Whitson’s
grenadier (Macrourus whitsoni)
- 360
tonnes combined for Bigeye grenadier (Macrourus holotrachys) and Ridge
scaled rattail (Macrourus carinatus)
- 1,663
tonnes for Unicorn icefish (Channichthys rhinoceratus)
- 120
tonnes combined for skates and rays (Bathyraja spp.)
- 80
tonnes for Grey rockcod (Lepidonotothen squamifrons)
- for
all other species caught in the fishery, 50 tonnes for each individual
species.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01468]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and section 11
of the Heard
Island and McDonald Islands Fishery Management Plan 2002
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Heard
Island and McDonald Islands Fishery’, Australian Fisheries Management
Authority.
- ‘Heard
Island and McDonald Islands’, Australian Antarctic Program.
- ‘The Australian Fishing Zone’, Department of
Agriculture, Fisheries and Forestry.
- Convention on the Conservation of Antarctic Marine Living
Resources, done at Canberra on 20 May 1980, [1982] ATS 9 (entered
into force generally and for Australia 7 April 1982).
- ‘About CCAMLR’, Commission for the
Conservation of Antarctic Marine Living Resources.
- ‘Lepidonotothen
squamifrons (Günther 1880)’, Fishes of Australia.
- ‘Mackerel
icefish’, Australian Fisheries Management Authority.
- ‘Macrourus
caml’, Atlas of Living Australia.
- ‘Macrourus carinatus’,
Fishes of Australia.
- ‘Macrourus
holotrachys’, Atlas of Living Australia.
- ‘Patagonian toothfish’,
Australian Fisheries Management Authority.
- ‘Unicorn Icefish,
Channichthys rhinoceratus Richardson 1844’, Fishes of Australia.
- ‘Whitson’s
Grenadier, Macrourus whitsoni (Regan 1913)’, Fishes of Australia.
|
Southern
Bluefin Tuna Fishery (Actual Live Weight Value of a Statutory Fishing Right)
Determination 2023 [F2022L01474]
What it does:
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Other Details:
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The instrument determines the actual live weight value of
a statutory fishing right for the fishing season starting on 1 December 2022
and finishing on 30 November 2023 for the Southern Bluefin Tuna Fishery (the
Fishery).
The Australian Fisheries Management Authority (AFMA)
determined the Southern
Bluefin Tuna Fishery Management Plan 1995 (the Plan) pursuant to section
17 of the Fisheries
Management Act 1991. Subsection 18.3
of the Plan provides circumstances in which AFMA must determine the actual
live weight value of a statutory fishing right for the season.
The instrument sets the actual live weight value of a
statutory fishing right for the Fishery as 1.11307856 kilograms for the
2022–23 fishing season. The actual live weight value is calculated in
accordance with a formula set out at subsection 18.2 of the Plan.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01474]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and subsection 18.3
of the Southern
Bluefin Tuna Fishery Management Plan 1995
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Fishing
rights and permits’, Australian Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- Southern
Bluefin Tuna Fishery’, Department of Agriculture, Fisheries and Forestry.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- ‘Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Southern
Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2023
[F2022L01475]
What it does:
|
Other Details:
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The instrument determines Australia’s national catch
allocation for the fishing season in the Southern Bluefin Tuna Fishery (the
Fishery) commencing 1 December 2022 and ending on 30 November 2023.
The Southern Bluefin Tuna Fishery covers the entire sea
area around Australia, out to 200 nautical miles from the coast.
Subsection 17.2 of the Southern Bluefin
Tuna Fisheries Management Plan 1995 (the Plan) made under section 17 of
the Fisheries Management Act 1991, provides that Australian Fisheries Management
Authority must determine the amount of Australia’s national catch allocation
for each season. It further provides that this amount must not exceed ninety
five per cent of the allocation to Australia under any decision made under
paragraph 3 of article 8 of the Convention
for the Conservation of Southern Bluefin Tuna by the Commission for the Conservation of Southern
Bluefin Tuna that applies to that season.
The instrument sets Australia’s national catch allocation
for the Fishery for the 2022–23 season at 5,926,500 kilograms.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above, and
discussed below.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01475]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and subsection 17.2
of the Southern
Bluefin Tuna Fishery Management Plan 1995
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- Convention
for the Conservation of Southern Bluefin Tuna, done in
Canberra on 10 May 1993 [1994] ATS 16 (entered into force for Australia and
generally on 20 May 1994).
- ‘The Commission’s
Role’, Commission for the Conservation of Southern Bluefin Tuna.
- ‘Commission for the Conservation of Southern Bluefin Tuna
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- ‘The Australian Fishing Zone’, Department of
Agriculture, Fisheries and Forestry.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- ‘Southern Bluefin Tuna’, Australian Marine
Conservation Society.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Southern
Bluefin Tuna Fishery (Fishing Season) Determination 2023 [F2022L01480]
What it does:
|
Other Details:
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The instrument determines the fishing season in the
Southern Bluefin Tuna Fishery as the period starting on 1 December 2022 and
ending on 30 November 2023.
The Southern Bluefin Tuna Fishery covers the entire sea
area around Australia, out to 200 nautical miles from the coast.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above, and
discussed below.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01480]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and subsection 3.1
of the Southern
Bluefin Tuna Fishery Management Plan 1995
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Department of Agriculture, Fisheries and Forestry.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Southern
Bluefin Tuna Fishery (Transfer Weighing) Determination 2023 [F2022L01482]
What it does:
|
Other Details:
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The instrument determines the manner in which transfer
weighing is to be carried out when an operator in the Southern Bluefin Tuna
Fishery transfers Southern Bluefin Tuna from a tow pontoon to a farm.
The majority of Southern Bluefin Tuna are caught in
offshore waters adjacent to Kangaroo Island, South Australia. The fish are
caught live using the purse seine method and transferred from a tow pontoon
into a farm where they are kept for an approximate six months grow out
period. The transfer weighing is conducted at the time of transfer to
determine the weight of live fish transferred. This weight is used for quota
decrementation purposes. The remainder of the total allowable catch is taken
using longline methods, predominantly off south eastern Australia during the
winter months.
Section 6 of the instrument provides that transfer
weighing of a fish is to be carried out as follows:
- at
least 100 fish that each weighs 8 kilograms or more must be taken from the
tow pontoon and the average weight of those fish must be determined
- if
150 fish have been taken from the tow pontoon and the number of fish that
weigh 8 kilograms or more each is less than 100 then the average weight
shall be calculated from the 150 fish taken regardless of the individual
weight of each fish
- a
video recording must be made of each transfer of the fish from the tow
pontoon to the farm
- the
video must depict a side view covering the opening between the tow pontoon
and the farm in order that all southern bluefin tuna transferred will appear
on the video recording
- once
all the transfers from that tow pontoon are complete, a farm representative
and Australian Fisheries Management Authority must view the recordings and
tally the number of fish transferred.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above, and
discussed below.
|
Registered on Federal Register of Legislation: 21
November 2022 [F2022L01482]
Tabled in House of Representatives: 22 November
2022
Tabled in Senate: 23 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and subsection 22B.2
of the Southern
Bluefin Tuna Fishery Management Plan 1995
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Australia’s
management of southern bluefin tuna’, Australian Fisheries Management
Authority.
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Department of Agriculture, Fisheries and Forestry.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Southern
Bluefin Tuna Fishery (Undercatch and Overcatch) Determination 2023 [F2022L01470]
What it does:
|
Other Details:
|
The instrument determines the amounts and percentages for
undercatch and overcatch for the Southern Bluefin Tuna Fishery (the Fishery) fishing
season commencing on 1 December 2022 and ending on 30 November 2023.
The Southern Bluefin Tuna Fishery covers the entire sea
area around Australia, out to 200 nautical miles from the coast.
The Australian Fisheries Management Authority (AFMA)
determined the Southern
Bluefin Tuna Fishery Management Plan 1995 (the Plan) pursuant to section
17 of the Fisheries
Management Act 1991. Under clause
9B of the Plan, AFMA may determine overcatch amounts and percentages for
the Fishery. Under clause
9C of the Plan, AFMA may determine percentages for undercatch for the
Fishery.
Undercatch and overcatch provides for ‘carry over’ or
‘carry under’ of a small amount of end of season quota between fishing
seasons thereby allowing fishers the flexibility to catch a certain amount of
fish over or under their quota, and debit or credit this to or from the
following season’s quota.
The instrument sets the following percentages and weights
for the Fishery:
- the
determined percentage of overcatch is 5%
- the
determined amount of overcatch is 100 tonnes
- the
determined additional weight of overcatch is 2 tonnes
- the
determined percentage of undercatch for the fishing season commencing on 1 December
2022 and ending on 30 November 2023 is:
- 20%,
if the total commercial catch in the fishery for the season is less than the Effective
Commercial Catch Limit minus 20% of Australia’s
National Catch Allocation (ANCA) for that season, or
- 100%,
if the total commercial catch in the fishery for the season is greater than
or equal to the Effective Commercial Catch Limit minus 20% of ANCA for that
season.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above, and
discussed below.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01470]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and Forestry
Commencement: 1 December 2022
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About AFMA’, Australian
Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Department of Agriculture, Fisheries and Forestry.
- ‘Undercatch
and overcatch provisions for fishing quota to continue’, Australian
Fisheries Management Authority.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Western
Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2023
[F2022L01476]
What it does:
|
Other Details:
|
The instrument sets the total allowable commercial catch
for quota species in the Western Tuna and Billfish Fishery (the Fishery) for
the 2023–24 fishing season commencing on 1 February 2023 and ending on 31 January 2024.
The Western Tuna and Billfish Fishery covers the sea area
west from the tip of Cape York in Queensland, around Western Australia, to
the border between Victoria and South Australia. Fishing occurs in both the
Australian Fishing Zone and adjacent high seas.
Subsection 11(1) of the Western Tuna and
Billfish Fishery Management Plan 2005 (the Plan) provides that the Australian
Fisheries Management Authority must determine a total allowable commercial catch
(TACC) for each quota species for the fishing season before the fishing
season commences.
The instrument sets the following TACC for the following
quota species:
- Bigeye
tuna – 2,000 tonnes
- Broadbill
swordfish – 3,000 tonnes
- Striped
marlin – 125 tonnes
- Yellowfin
tuna – 2,000 tonnes
See the Explanatory
Statement for the instrument for further information.
See also Amendment of List
of Exempt Native Specimens – Commonwealth Western Tuna and Billfish Fishery,
November 2022 [F2022L01448], discussed below.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01476]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 February 2023
Made under: paragraph
17(6)(aa) of the Fisheries
Management Act 1991 and subsection 11(1)
of the Western
Tuna and Billfish Fishery Management Plan 2005
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: ‘Western
Tuna and Billfish Fishery’, Department of Climate Change, Energy, the
Environment and Water.
Resources:
- ‘Total
allowable catch limits’, Australian Fisheries Management Authority.
- ‘The Australian Fishing Zone’, Department of
Agriculture, Fisheries and Forestry.
- ‘Western
Tuna and Billfish Fishery’, Australian Fisheries Management Authority.
- ‘Western
Tuna and Billfish Fishery’, Department of Agriculture, Fisheries and
Forestry.
- ‘Thunnus obesus (Bigeye Tuna)’, International
Union for Conservation of Nature’s (IUCN) Red List of Threatened Species.
- ‘Thunnus albacares (Yellowfin Tuna)’, IUCN Red
List of Threatened Species.
- ‘Xiphias gladius (Swordfish)’, IUCN Red List of
Threatened Species.
- ‘Kajikia audax (Striped Marlin)’, IUCN Red List
of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Back to top
Attorney-General’s
High
Court Amendment (Forms and Other Matters) Rules 2022 [F2022L01483]
What it does:
|
Other Details:
|
The instrument amends the High Court Rules
2004 (the Rules).
Amended Rule 1.09.2 provides that the Justices of the High
Court, or a majority of them, may approve a form for the purposes of the
Rules. Forms will be approved by the High Court and published in a Practice
Direction rather than through an amendment to the Rules.
The Rules specify the amount which solicitors, who are
entitled to practise in the High Court, may charge and be allowed on taxation
of costs by the Taxing Officer of the Court in respect of proceedings in the
Court. The instrument increases the current scale of costs by
4 per cent rounded to the nearest 5 cents.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
November 2022 [F2022L01483]
Tabled in House of Representatives: 22 November
2022
Tabled in Senate: 23 November 2022
Disallowance period (sitting days): 15 days
Administered by: Attorney-General’s; Finance
Commencement: 1 January 2023
Made under: section
86 of the Judiciary
Act 1903; section
375 of the Commonwealth
Electoral Act 1918; section
48 of the High
Court of Australia Act 1979
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources: none identified
|
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Climate
Change, Energy, the Environment and Water
Aboriginal and Torres Strait
Islander Heritage Protection (Huskisson Churchyard) Emergency Declaration 2022
[F2022L01481]
What it does:
|
Other Details:
|
The instrument preserves and protects a specified area at
the former Anglican Holy Trinity Church grounds in Huskisson.
- The
Aboriginal and
Torres Strait Islander Heritage Protection Act 1984 (the Act) preserves
and protects significant traditional areas, objects and remains, that are of
particular significance to Aboriginal and Torres Strait Islanders, from
injury or desecration.
- Part
II of the Act provides for the protection of significant Aboriginal areas
and objects. Under section
9 of the Act, the Minister may, by legislative instrument, make an
emergency declaration to preserve and protect a significant Aboriginal area
that is under serious and immediate threat of injury or desecration.
- On
14 September 2022, the Minister for the Environment received an application
from Mr Alfred Wellington on behalf of the Jerrinja Local Aboriginal Land
Council seeking the preservation or protection of the specified area from
injury or desecration. The Minister considered the application and was
satisfied, for the purposes of section 9, that the specified area is a
significant Aboriginal area that is under serious and immediate threat of
injury or desecration from planned archaeological investigations.
- The
instrument is intended to be an interim measure and is only in place for 30
days, in accordance with the period specified in subsection 9(2) of the Act.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01481]
Tabled in House of Representatives: 22 November
2022
Tabled in Senate: 23 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment
and Water
Commencement: 19 November 2022
Made under: section
9 of the Aboriginal
and Torres Strait Islander Heritage Protection Act 1984
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
- Nick
McLaren, Jessica Clifford, and Melinda James, ‘Jerrinja
Local Aboriginal Land Council fights plans to 'scrape' for grave sites at NSW
church’, ABC News, 29 September 2022.
- Madeline
Crittenden, ‘Aboriginal
King of Jervis Bay believed to be buried on Huskisson church grounds’
South Coast Register, 25 October 2018.
- Sue
Williams, ‘Unholy
row in Huskisson over church-site development’, Commercial Real Estate,
17 April 2019.
- Tim
Peach, ‘Good
News: Council Takes Swift Action on Heritage Listing for Huskisson Church and
Burial Site’, The New Bush Telegraph, 26 September 2022.
- ‘Huskisson Heritage Association Inc.’,
Huskisson Heritage Association Inc.
Resources:
|
Amendment of List of Exempt Native
Specimens – Commonwealth Southern Bluefin Tuna Fishery, November 2022 [F2022L01446]
What it does:
|
Other Details:
|
The instrument amends the List of Exempt
Native Specimens Instrument 2001 (the list) to update the entry for the
Southern Bluefin Tuna Fishery.
Section
303DB of the Environment
Protection and Biodiversity Conservation Act 1999 provides for
the establishment of the list, which contains a catalogue of native specimens
that are exempt from the trade control provisions that apply to regulated
native specimens. Consequently, a listed specimen can be exported without the
need for export permits, subject to other prescribed conditions.
Schedule 1 of the instrument deletes from the list
specimens that are or are derived from fish or invertebrates taken (in
accordance with certain conditions) from the Southern Bluefin Tuna Fishery
(Cth).
Schedule 2 to the instrument includes in the list
specimens that are or are derived from fish or invertebrates taken (in
accordance with certain conditions) from the Commonwealth Southern Bluefin
Tuna Fishery.
Consequently, the instrument, in effect, updates the name
of the fishery.
The Southern Bluefin Tuna Fishery covers the entire sea
area around Australia, out to 200 nautical miles from the coast.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above.
|
Registered on Federal Register of Legislation: 10
November 2022 [F2022L01446]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 11 November 2022
Made under: paragraph 303DC(1)(a) of the Environment
Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Australian
native plants and animals’, Department of Climate Change, Energy, the
Environment and Water.
- ‘Southern
Bluefin Tuna Fishery’, Australian Fisheries Management Authority.
- ‘Southern
Bluefin Tuna Fishery’, Department of Agriculture, Fisheries and Forestry.
- ‘Thunnus maccoyii — Southern Bluefin Tuna’, Department
of Climate Change, Energy, the Environment and Water.
- 'Thunnus maccoyii (Southern Bluefin Tuna)’, International
Union for Conservation of Nature’s Red List of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Amendment of List of Exempt Native
Specimens – Commonwealth Western Tuna and Billfish Fishery, November 2022 [F2022L01448]
What it does:
|
Other Details:
|
The instrument amends the List of Exempt
Native Specimens Instrument 2001 (the list) by deleting from and adding
to the list certain specimens.
Section
303DB of the Environment
Protection and Biodiversity Conservation Act 1999 provides for
the establishment of the list, which contains a catalogue of native specimens
that are exempt from the trade control provisions that apply to regulated
native specimens. Consequently, a listed specimen can be exported without the
need for export permits, subject to other prescribed conditions.
Schedule 1 of the instrument deletes from the list
specimens that are or are derived from fish or invertebrates taken (in
accordance with certain conditions) from the Western Tuna and Billfish
Fishery.
Schedule 2 to the instrument includes in the list
specimens that are or are derived from fish or invertebrates taken (in
accordance with certain conditions) from the Commonwealth Western Tuna and
Billfish Fishery.
Consequently, the instrument, in effect, updates the name
of the fishery.
The Western Tuna and Billfish Fishery covers the sea area
west from the tip of Cape York in Queensland, around Western Australia, to
the border between Victoria and South Australia. Fishing occurs in both the
Australian Fishing Zone and adjacent high seas.
See the Explanatory
Statement for the instrument for further information.
See also Western Tuna and
Billfish Fishery Total Allowable Commercial Catch Determination 2023
[F2022L01476] discussed above.
|
Registered on Federal Register of Legislation: 10
November 2022 [F2022L01448]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 11 November 2022
Made under: paragraph 303DC(1)(a) of the Environment
Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
‘Western
Tuna and Billfish Fishery’, Department of Climate Change, Energy, the
Environment and Water.
Resources:
- ‘Australian
native plants and animals’, Department of Climate Change, Energy, the
Environment and Water.
- ‘Western
Tuna and Billfish Fishery’, Australian Fisheries Management Authority.
- ‘Western
Tuna and Billfish Fishery’, Department of Agriculture, Fisheries and
Forestry.
- ‘The Australian Fishing Zone’, Department of
Agriculture, Fisheries and Forestry.
- ‘Thunnus obesus (Bigeye Tuna)’, International
Union for Conservation of Nature’s (IUCN) Red List of Threatened Species.
- ‘Thunnus albacares (Yellowfin Tuna)’, IUCN Red
List of Threatened Species.
- ‘Xiphias gladius (Swordfish)’, IUCN Red List of
Threatened Species.
- ‘Kajikia audax (Striped Marlin)’, IUCN Red List
of Threatened Species.
- Auditor-General,
Audit
report No. 45 of 2020-21—Performance audit—Management of Commonwealth
fisheries: Australian Fisheries Management Authority, Australian
National Audit Office, 23 June 2021.
|
Amendment of List of Exempt Native
Specimens – Western Australian Marine Aquarium Fish Managed Fishery, October
2022 [F2022L01405]
What it does:
|
Other Details:
|
The instrument amends the List of Exempt
Native Specimens Instrument 2001 by deleting from, and including in the
list, specimens that are or are derived from fish or invertebrates taken in
the Western Australian Marine Aquarium Fish Managed Fishery. The effect of
this instrument is to allow continued export of these specimens without the
need for export permits, subject to the prescribed conditions.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27
October 2022 [F2022L01405]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 28 October 2022
Made under: subsection 303DC(1)(a) of the Environment Protection and Biodiversity Conservation
Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
‘Western
Australian Marine Aquarium Fish Managed Fishery’, Department of Climate
Change, Energy, the Environment and Water.
|
Fuel Security (Minimum Stockholding Obligation) Rules 2022
[F2022L01450]
What it does:
|
Other Details:
|
The instrument establishes the settings and processes for
an industry minimum stockholding obligation (MSO) to hold minimum levels of
key transport fuels.
Part 2 of the Fuel Security Act
2021 (the Act) sets out
the MSO of regulated entities that refine or import certain transport fuels
(particularly gasoline, diesel and kerosene) to hold a minimum quantity of
stocks of those products.
The instrument prescribes technical and administrative
requirements with respect to:
- the
start date of the MSO scheme
- the
triggering of the MSO, including:
- thresholds
to trigger the MSO, and
- trigger
assessment periods
- calculating
designated quantities of MSO products
- ‘obligation
days’ on which designated quantities of MSO products must be held
- making
an application to temporarily reduce or suspend the MSO
- meeting
the definition of an ‘MSO product’ and stock holding under the Act
- reporting
by regulated entities of the MSO
- information
in an entity’s MSO compliance plan.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
November 2022 [F2022L01450]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 12 November 2022
Made under: subsection
84(1) of the Fuel
Security Act 2021
Regulation Impact Statement: an addendum to the
Regulation Impact Statement (RIS) previously prepared in relation to the Fuel Security Act
2021 has been prepared for the purpose of the instrument in
accordance with the Australian
Government Guide to Regulation. A copy of the addendum to the RIS is
included at the end of the Explanatory
Statement at Attachment C starting on page 37.
Committee comment: none identified
Commentary:
Resources:
- ‘Australia’s
fuel security’, Department of Climate Change, Energy, the Environment and
Water.
- Tim
Brennan and Kaushik Ramesh, ‘Fuel
Security Bill 2021’, FlagPost (blog), Parliamentary Library, 17
June 2021.
- Dr
Hunter Laidlaw, Liquid
fuel security: a quick guide–May 2020 update, Research paper series,
2019-20, (Canberra: Parliamentary Library, 2020).
|
List of Specimens taken to be
Suitable for Live Import Amendment (Emerald Tree Monitor) Instrument 2022 [F2022L01434]
Mersey Bluff Lighthouse Heritage
Management Plan 2022 [F2022L01461]
What it does:
|
Other Details:
|
The instrument
provides for the future management of the Mersey Bluff Lighthouse by the Australian
Maritime Safety Authority (AMSA),
with the objective of identifying, protecting, conserving, presenting and
transmitting its Commonwealth heritage values. The Plan contains a detailed
description of the history and cultural significance of the Lighthouse, as
well as its physical elements and condition. Importantly, the Plan sets out
the operational requirements for the management of the Lighthouse, heritage
management policies that guide the management and protection of the
Commonwealth heritage values of the Lighthouse and plans for AMSA to
implement such operation requirements and policies.
- Built
in 1889, Mersey Bluff Lighthouse is a historic site recognised by both the
Commonwealth and the Tasmanian State Government for its heritage
significance. The Lighthouse is renowned for its association with the
development of Devonport and the Mersey District, and for its significance as
a local landmark.
- The
Lighthouse was included on the Commonwealth Heritage List in 2004 for its
cultural significance.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
November 2022 [F2022L01461]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the Environment
and Water
Commencement: Not stated in the instrument, but in
accordance with subsection
12(1) of the Legislation
Act 2003 it appears to commence on 16 November 2022.
Made under: section
341S of the Environment
Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Offshore Electricity Infrastructure
Regulations 2022 [F2022L01422]
What it does:
|
Other Details:
|
The instrument sets out the detailed arrangements of the
offshore electricity infrastructure framework that are considered crucial for
the framework to become operational: namely the offshore electricity
infrastructure licencing scheme, spatial datum provisions, arrangements for
pre-existing infrastructure, and the application of fees and levies.
- Section 15 of the Offshore Electricity Infrastructure Act 2021 (the OEI Act) prohibits the
construction and operation of offshore electricity generation and
transmission infrastructure in the Commonwealth offshore area without a
licence. The OEI Act sets out three pathways for licensing to
accommodate a range of potential types of developments: a commercial pathway,
a research and demonstration pathway, and a transmission and infrastructure
pathway.
- Sections 189 and 190
of the OEI Act provide for the regulations to prescribe various
obligations and requirements pertaining to the application of fees and
levies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1 November
2022 [F2022L01422]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 2 November 2022
Made under: section
305 of the Offshore Electricity Infrastructure
Act 2021
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument). A RIS that considered the offshore
electricity infrastructure framework was included in the Explanatory
Memorandum for the Offshore Electricity Infrastructure Bill 2021, which
established the framework.
Committee comment: none identified
Commentary:
Resources:
|
Offshore Electricity Infrastructure
(Regulatory Levies) Regulations 2022 [F2022L01412]
What it does:
|
Other Details:
|
The instrument establishes the amounts and operating
parameters of the offshore electricity infrastructure levy for the purposes
of the Offshore
Electricity Infrastructure Act 2021 (the OEI Act).
- The
OEI Act establishes a legal framework to enable the construction,
installation, commissioning, operation, maintenance, and decommissioning of
offshore electricity infrastructure in the Commonwealth offshore area. The OEI
Act is accompanied by the Offshore
Electricity Infrastructure (Regulatory Levies) Act 2021 (the OEI
Levies Act), which prescribes levies that certain participants in the
offshore energy infrastructure scheme must pay to enable the Commonwealth,
which administers the scheme, to recover part of its costs.
- Part
2 of the OEI Levies Act enables regulations to be made to establish
the amounts and operating parameters of levies imposed on participants.
- In
accordance with Part 2 of the OEI Levies Act, the instrument sets out
(among other things) levy amounts and the period for which those levies must
be paid by holders of: feasibility
licences, commercial licences, research and demonstration licences, and
transmission and infrastructure licences.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01412]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 1 November 2022
Made under: sections
8, 9
and 10
of the Offshore
Electricity Infrastructure (Regulatory Levies) Act 2021
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument). A RIS that considered the offshore
electricity infrastructure framework was included in the Explanatory
Memorandum for the Offshore Electricity Infrastructure Bill 2021, which
established the framework.
Committee comment: none identified
Commentary:
Resources:
- ‘Establishing
offshore renewable energy infrastructure’, Department of Climate Change,
Energy, the Environment and Water.
- ‘Offshore
renewable energy’, NOPSEMA.
- ‘Australian
offshore wind gets going’, Allens Linklaters.
- Samantha
Daly, Jee-Seon Lee, Candy Cheung, Angus Hannam and Heather Pym, ‘Offshore
Renewable Electricity’, Johnson Winter Slattery, January 2022.
|
Petroleum and Other Fuels Reporting
Amendment (Minimum Stockholding Obligation) Rules 2022 [F2022L01452]
What it does:
|
Other Details:
|
The instrument amends the Petroleum and Other
Fuels Reporting Rules 2017 (the Petroleum Reporting Rules) to prescribe
various matters for the purposes of the minimum stockholding obligation
reporting aspects of the Petroleum and
Other Fuels Reporting Act 2017 (the Petroleum Reporting Act).
- The
Petroleum Reporting Act requires that certain information relating to
fuel is reported to the Secretary of the Department of Climate Change,
Energy, the Environment and Water. The Petroleum Reporting Rules prescribe
the activities that must be reported periodically to the Secretary.
- This
instrument inserts new definitions of several terms to ensure key terminology
is defined consistently across the laws establishing the
minimum stockholding obligation (MSO) scheme.
- This
instrument also inserts new reporting provisions to require importers and
refinery operators who are subject to the MSO under the Fuel Security
Act 2021, and third-party ‘intermediary market’ participants, to
report information concerning:
- their
stockholdings of MSO Products (MSO Products are defined under the Fuel
Security Act as gasoline, diesel, kerosene, and covered products within
the meaning of the Petroleum Reporting Act)
- storage
information relating to MSO Products
- any
Australian controlling corporation of a regulated importer or refiner and
- total
import values for each MSO product in the previous calendar year on a yearly
basis.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
November 2022 [F2022L01452]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 12 November 2022
Made under: section
41 of the Petroleum
and Other Fuels Reporting Act 2017
Regulation Impact Statement: an addendum
to the RIS prepared in relation to
the Act has been prepared for the purpose of MSO Rules in accordance with the
Australian Government Guide to Regulation. For further information see:
‘Securing Australia’s Domestic Fuel Stocks and Refining
Capacity’, the Office of Impact Analysis.
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Minimum
stockholding obligation in the Fuel Security Act: exposure drafts’,
Department of Climate Change, Energy, the Environment and Water, 28 February
2022.
- ‘Australia's
fuel reserves boosted to strengthen resilience and supply’ Energy.gov.au,
14 November 2022.
- Dr
Hunter Laidlaw, Liquid
fuel security: a quick guide–May 2020 update, Research paper series,
2019-20, (Canberra: Parliamentary Library, 2020).
- Tim
Brennan and Kaushik Ramesh, ‘Fuel
Security Bill 2021’, FlagPost (blog), Parliamentary Library, 17
June 2021.
|
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Defence
Defence Determination, Conditions
of service Amendment Determination 2022 (No. 15) [F2022L01439]
What it does:
|
Other Details:
|
The instrument amends the Defence
Determination 2016/19, Conditions of service, which provides benefits for
members of the Australian Defence Force (ADF) and their families, including
by:
- amending
the daily rate of deployment allowance and the maximum rate of reimbursement
for additional risk life insurance policy premiums
- amending
education assistance to help ADF members pay for education expenses for their
children whilst posted within Australia
- increasing
the number of remote location leave travel credits a member is eligible to
receive for themselves and any dependants living in a remote location
- updating
the rate of the allowance payable to a member who is accompanied by a
passenger or carries equipment while eligible for vehicle allowance
- including
Stockholm, Sweden as a new posting location and Stockholm International
School as a benchmark school for members posted to Stockholm, Sweden.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8 November
2022 [F2022L01439]
Tabled in House of Representatives: 9 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: Schedule 5 commences on 2 February
2023. All other provisions commence on 10 November 2022.
Made under: section
58B of the Defence
Act 1903
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
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Education
Higher Education Support (Other
Grants) Amendment (Microcredentials Pilot) Guidelines 2022 [F2022L01430]
What it does:
|
Other Details:
|
The instrument amends the Higher Education
Support (Other Grants) Guidelines 2022 to establish the Microcredentials
Pilot Program (the Program).
The instrument sets out the objectives for the program,
the extra conditions of eligibility, conditions that apply to grants under
the Program and the method by which grant amounts under the Program will be
determined.
Grants under the Program will be made for the purposes of
supporting open access to higher education across Australia and encouraging
higher education providers to engage with industry.
The Program will provide funding to higher education
providers to develop and deliver microcredential courses for the domestic
market, and to promote a systemic approach to supporting them.
- Microcredential
courses give students an opportunity to be more selective and targeted about
acquiring new skills, providing flexibility to students already in the
workforce and those managing caring and family responsibilities who are often
time-poor and will not otherwise be able to commit to a full qualification.
- Microcredential
courses address the cost and time barriers for students, ensuring that all
Australians are able to continue accessing high-quality higher education
throughout their lives.
The purpose of the Program is to examine newer, shorter
forms of industry focussed learning aimed at supporting people to upskill and
reskill in areas of national priority such as health, teaching, IT and
engineering.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3 November
2022 [F2022L01430]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 4 November 2022
Made under: sections
238.10 and 41.15
of the Higher
Education Support Act 2003 and subsection
33(3) of the Acts
Interpretation Act 1901
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument).
Committee comment: none identified
Commentary: none identified
Resources:
|
Tertiary Education Quality and
Standards Agency Determination of Fees (Amendment) 2022 [F2022L01498]
What it does:
|
Other Details:
|
The instrument amends the Tertiary Education
Quality and Standards Agency Determination of Fees No. 1 of 2020 (Fee
Instrument) to reflect a decision by the Australian Government in the
2018-2019 Budget to implement revised cost recovery arrangements for the
Tertiary Education Quality and Standards Agency (TEQSA).
Historically, TEQSA has recovered approximately 15% of its
costs via the fees set out in the Fee Instrument but, from 1 January 2023,
TEQSA will be moving toward a model under which it recovers 90% of its costs.
The new cost recovery model has necessitated the
implementation of a new registered higher education provider charge, imposed
by the Tertiary
Education Quality and Standards Agency (Charges) Act 2021, but will also
require amendments to the current Fee Instrument. The amendments made by this
instrument to the current Fee Instrument reflect the updated fees set out in
the Cost Recovery Implementation Statement published by TEQSA in October
2022.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
November 2022 [F2022L01498]
Tabled in House of Representatives: 24 November
2022
Tabled in Senate: 25 November 2022
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 1 January 2023
Made under: subsection
158(1) of the Tertiary
Education Quality and Standards Agency Act 2011
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Cost recovery implementation statement’, Tertiary
Education Quality and Standards Agency, 13 October 2022.
- ‘Australian Government Charging Framework’, Department
of Finance.
- ‘TEQSA
overview’, Tertiary Education Quality and Standards Agency.
- Dr
Hazel Ferguson, ‘Tertiary
Education Quality and Standards Agency Amendment (Cost Recovery) Bill 2021
[and] Tertiary Education Quality and Standards Agency (Charges) Bill 2021’,
Bills Digest, 67, 2020-21, (Canberra: Parliamentary Library, 2021).
- Australian
Government, ‘Part
2: Expense Measures’, Budget Measures: Budget Paper No. 2: 2018–19,
95.
- ‘Fees
and charges proposal – consultation paper’, Tertiary Education Quality
and Standards Agency, 30 April 2021.
|
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Employment and Workplace
Relations
No instruments tabled in the relevant period.
Back to top
Finance
Financial Framework (Supplementary
Powers) Amendment (Education Measures No. 1) Regulations 2022 [F2022L01418]
What it does:
|
Other Details:
|
The instrument amends Schedule 1AB of the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on certain activities administered by the
Department of Education.
Specifically, grants will be provided for:
- $32
million over three years from 2022–23 to the Australian
Indigenous Education Foundation to provide scholarships to support
Aboriginal and Torres Strait Islander students to access education, with $0.6
million in departmental funding allocated to fund the transition of the
program administration across from the National Indigenous Australians
Agency, and
- $10.8
million over four years from 2022–23 to the Promoting Quality in the Existing
Teacher Workforce Program, which aims to develop and deliver courses and
programs that support the professional development of teachers.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1 November
2022 [F2022L01418]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 2 November 2022
Made under: section
32B of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About Us’, Department of
Education.
- ‘About Us’, Australian Indigenous
Education Foundation.
|
Financial
Framework (Supplementary Powers) Amendment (Education Measures No. 2)
Regulations 2022 [F2022L01455]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on certain activities
administered by the Department of Education.
Specifically, funding will be provided for:
- a
grant to Clontarf Foundation to support the education and employment
prospects of Aboriginal and Torres Strait Islander young men ($32.4 million
over two years from 2022-23)
- the
High Achieving Teachers Program to deliver alternative pathways into teaching,
to address teacher shortages and increase the quality of teaching ($68.3
million in administered funding over four years from 2022-23)
- bursaries
to attract students into teaching to address national teacher workforce
shortages by encouraging high-quality candidates into teaching ($56.2 million
in administered funding over four years from 2022-23)
- the
First Nations Educators in primary schools program, which aims to place First
Nations Educators to teach First Nations languages and First Nations cultures
in primary schools ($14 million over four years from 2022-23).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
November 2022 [F2022L01455]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 November 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Health and Aged Care Measures No. 1) Regulations 2022 [F2022L01420]
What it does:
|
Other Details:
|
Amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on the Co-operative and Mutual Enterprises (CMEs) Support Program,
administered by the Department of Health and Aged Care.
- The Financial Framework (Supplementary Powers) Act 1997 confers on the Commonwealth, in certain circumstances,
powers to make arrangements under which money can be spent; or to make grants
of financial assistance; and to form, or otherwise be involved in, companies.
- The arrangements, grants, programs and
companies (or classes of arrangements or grants in relation to which the
powers are conferred) are specified in the Financial Framework
(Supplementary Powers) Regulations 1997.
- This
instrument establishes legislative authority for government spending on the
Co-operative and Mutual Enterprises (CMEs) Support Program (the program).
- Funding
will be provided to the Business
Council of Co-operatives and Mutuals (BCCM) to support CMEs to
provide aged care, disability care, veterans’ care and primary and allied
healthcare as part of the Australian Government’s response to the Aged care workforce action plan 2022 – 2025.
- The
program aims to raise awareness, help attract investment in areas of need,
facilitate greater innovation in business models across the social care
sector, and to enable the delivery
of specialised care services and care delivery in thin markets including
regional, rural and remote areas. Funding of up to $6.9 million over
three years from 2022-23 will be available for the program.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1 November
2022 [F2022L01420]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 2 November 2022
Made under: section
32B of the Financial Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial
Framework (Supplementary Powers) Amendment (Social Services Measures No. 3)
Regulations 2022 [F2022L01449]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on Australia’s
Disability Strategy 2021-2031 (the Strategy).
The instrument does this by inserting item 559
(Australia’s Disability Strategy 2021-2031) into Part 4 of Schedule 1AB of
the Principal Regulations, which outlines programs for which the Commonwealth
may spend money.
In the 2021-22 Mid-Year Economic and Fiscal Outlook, the
Strategy, which aims to improve mainstream services for the 4.4 million
Australians with disability, received $120.3 million in funding over four
years from 2021-22 and $151.9 million from 2025-26 to 2031-32. The October 2022-23
Budget pledged an additional $2.5 million in funding to support the work of
the National
Disability Research Partnership from 2022-23.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
November 2022 [F2022L01449]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 November 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Australia’s
Disability Strategy 2021-2031’, NDIS.
- Josh
Frydenberg (Treasurer), Mid-year
economic and fiscal outlook—2021-22, 291.
- Shannon
Clark, National
Disability Insurance Scheme: a quick guide, Research paper series ,
2021–22, (Canberra: Parliamentary Library, 2022).
- Dr
Rosalind Hewett, ‘Where
are the other lifeboats? Services for people with disability outside the NDIS’,
FlagPost (blog), Parliamentary Library, 25 August 2022.
|
Financial Framework (Supplementary
Powers) Amendment (Veterans’ Affairs Measures No. 3) Regulations 2022 [F2022L01419]
What it does:
|
Other Details:
|
The instrument amends Schedule 1AB of the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on an activity administered by the
Department of Veterans’ Affairs.
- Specifically,
a one-off grant of $0.4 million in 2022–23 will be provided for Legacy
Australia Incorporated to deliver Legacy’s commemorative program for the
benefit of veterans and their families.
- This
grant contributes to the Legacy 100th Anniversary Torch Relay, which has been
planned as part of celebrations for Legacy’s 100th anniversary in 2023. As
part of the Torch Relay, the Legacy emblem, ‘the torch of remembrance’, will
travel from Pozieres in France, to London, and onto Australia where it will
visit different communities, stopping at each Legacy Club and finishing in
Melbourne.
- This
public event aims to raise community awareness of the experience of veterans
and their families, the impacts of service, and the work of Legacy and to
build its profile and assist in fundraising for future years.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1 November
2022 [F2022L01419]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 2 November 2022
Made under: section
32B of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
‘About us’,
Legacy.
‘Launch
of the Legacy Centenary Torch Relay 2023’, Legacy.
|
Financial
Framework (Supplementary Powers) Amendment (Veterans’ Affairs Measures
No. 4) Regulations 2022 [F2022L01456]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to establish
legislative authority for government spending on certain activities
administered by the Department of Veterans’ Affairs.
Specifically, the instrument provides:
- $1.5
million of funding in 2022-23 for the Legacy House Brisbane program to
support the establishment of a Greenslopes Legacy Family Hub to provide
support services to veterans and their families
- $0.4
million in administered funding over four years from 2022-23 for the First
World War Unmarked Graves initiative to contribute to the provision of
private grave markers recognising the service of First World War Veterans
whose graves are unmarked and are not eligible for official commemoration
- $3.3
million in funding over two years from 2022-23 to the Scott Palmer Services
Centre to support the establishment of accommodation in the Northern
Territory for veterans experiencing homelessness.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
November 2022 [F2022L01456]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 15 November 2022
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About us’, Department of Veterans’
Affairs.
- ‘Brisbane Legacy’,
Legacy.
- ‘Learn,
locate, and commemorate – unmarked graves of First World War veterans’,
Department of Veterans’ Affairs, 19 November 2020.
- Australian
Government, ‘Greenslopes
Legacy Family Hub’, Budget October 2022–23 Information sheet,
2022.
- Australian
Government, ‘Support
for Veterans – Scott Palmer Services Centre’, Budget October 2022–23 Information
sheet, 2022.
|
Public Governance, Performance and
Accountability (Financial Reporting) Amendment (2022 Measures No. 1) Rules 2022
[F2022L01478]
What it does:
|
Other Details:
|
The instrument amends the Public Governance,
Performance and Accountability (Financial Reporting) Rule 2015 (the FRR) to
reflect changes in financial reporting requirements for the 2022-23 financial
reporting period.
- The
FRR sets out requirements for preparation of financial statements in
accordance with the Public
Governance, Performance and Accountability Act 2013 and the Public Governance,
Performance and Accountability Rule 2014.
- Changes
for the 2022-23 reporting period are:
- updating the names of three entities and
including two new entities subject to Tier 1 reporting requirements
under accounting standard AASB 1053 Application of Tiers of
Australian Accounting Standards, as a result of the machinery of
government changes announced in June 2022
- removal of the reference to the Commonwealth
Entities Financial Statements Guide in the context of Commonwealth
entities estimating their long service leave (LSL) liability using the shorthand
method.
- Tier
1 reporting requirements apply to for-profit, private sector entities
that have public accountability, in addition to the Australian Government and
state, territory and local governments. Tier 1 incorporates International
Financial Reporting Standards issued by the International Accounting
Standards Board and include requirements that are specific to Australian
entities.
- The
shorthand method for long service leave liability is an
actuarial methodology which can be used by Commonwealth entities with 1,000
or less employees to calculate the entity’s LSL liability. This methodology
complies with accounting standards AASB
119 Employee Benefits and AASB
101 Presentation of Financial Statements, and utilises
assumptions in relation to LSL usage, retirement and discount rates that
reflect the experience of Commonwealth entities with 1,000 or less employees.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01478]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 19 November 2022
Made under: section
101 of the Public
Governance, Performance and Accountability Act 2013
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Foreign
Affairs and Trade
Charter of the United Nations
(Listed Persons and Entities) Amendment (No. 3) Instrument 2022 [F2022L01426]
What it does:
|
Other Details:
|
The instrument amends the Charter of the United Nations (Listed Persons and
Entities) Instrument 2022 to list three persons and 15 entities
for counter-terrorism financing sanctions under Part 4 of the Charter of the
United Nations Act 1945 (the Act).
- The
Act gives effect to United Nations Security Council (UNSC) decisions made
under Chapter VII of the Charter
of the United Nations that relate to terrorism and dealing with
assets in relation to terrorists. Australia is required under Article 25 of
the Charter to carry out such UNSC decisions.
- The
Minister for Foreign Affairs must list a person or entity for targeted
financial sanctions, if the Minister is satisfied on reasonable grounds they
are a person or entity mentioned in paragraph 1(c) of UNSC Resolution 1373 (2001). That is, a person
who commits, attempts to commit, or participates in or facilitates the
commission of, terrorist acts; an entity owned or controlled by such persons;
or a person or entity acting on behalf of, or at the direction of, such
persons and entities.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2 November
2022 [F2022L01426]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: 6 November 2022
Made under: section
15 of the Charter
of the United Nations Act 1945
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Charter of the United Nations
(Listed Persons and Entities) Amendment (No. 4) Instrument 2022 [F2022L01429]
What it does:
|
Other Details:
|
The instrument amends the Charter of the
United Nations (Listed Persons and Entities) Instrument 2022 to list 15
persons and two entities for counter-terrorism financing sanctions under Part
4 of the Charter
of the United Nations Act 1945 (the Act).
- The
Act gives effect to United Nations Security Council (UNSC) decisions made
under Chapter VII of the Charter
of the United Nations that relate to terrorism and dealing with
assets in relation to terrorists. Australia is required under Article 25 of
the Charter to carry out such UNSC decisions.
- The
Minister for Foreign Affairs must list a person or entity for targeted
financial sanctions, if the Minister is satisfied on reasonable grounds they
are a person or entity mentioned in paragraph 1(c) of UNSC Resolution 1373 (2001). That is, a person
who commits, attempts to commit, or participates in or facilitates the
commission of, terrorist acts; an entity owned or controlled by such persons;
or a person or entity acting on behalf of, or at the direction of, such
persons and entities.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3 November
2022 [F2022L01429]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: 6 November 2022
Made under: section
15 of the Charter
of the United Nations Act 1945
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Consular
Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Bhutan)
Determination 2022 [F2022L01462]
What it does:
|
Other Details:
|
The instrument amends the Consular Privileges
and Immunities (Indirect Tax Concession Scheme) Determination 2000 to
create a new Indirect Tax Concession Scheme (ITCS) package for Bhutan by
providing indirect tax concessions to Bhutanese consular posts in Australia
and staff accredited to those posts.
Consular posts and accredited staff are exempt from paying
direct taxes under the Vienna Convention on Consular Relations. In
line with international practice, indirect tax concessions are also extended
to consular posts and accredited staff. In Australia, indirect tax
concessions are provided for under the ITCS, under which taxes on goods and
services purchased in Australia by diplomatic missions and consular posts can
be refunded. Individual packages are negotiated with each country, and the
level of concessions provided is broadly based on reciprocity.
The provision of tax concessions encourages consular posts
and accredited staff to purchase goods in Australia rather than directly
importing them, which assists the Australian economy.
See also Diplomatic Privileges and Immunities (Indirect Tax
Concession Scheme) Amendment (Bhutan) Determination 2022,
discussed below.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
November 2022 [F2022L01462]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: Part 1 of Schedule 1 commences on 8
September 2021. Sections 1 to 4 commence on 16 November 2022
Made under: section
10A of the Consular
Privileges and Immunities Act 1972
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Diplomatic
Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Bhutan)
Determination 2022 [F2022L01467]
What it does:
|
Other Details:
|
The instrument amends the Diplomatic
Privileges and Immunities (Indirect Tax Concession Scheme) Determination 2000
to create a new Indirect Tax Concession Scheme (ITCS) package for Bhutan for
the benefit of diplomatic missions and accredited staff.
Diplomatic missions and accredited staff are exempt from
paying direct taxes under the Vienna
Convention on Consular Relations. In line with international
practice, indirect tax concessions are also extended to diplomatic missions
and accredited staff. In Australia, indirect tax concessions are provided for
under the ITCS, under which taxes on goods and services purchased in
Australia by diplomatic missions and consular posts can be refunded.
Individual packages are negotiated with each country, and the level of
concessions provided is broadly based on reciprocity.
The provision of tax concessions encourages diplomatic
missions and accredited staff to purchase goods in Australia rather than
directly importing them, which further assists the Australian economy.
See also Consular Privileges and Immunities (Indirect Tax
Concession Scheme) Amendment (Bhutan) Determination 2022,
discussed above.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01467]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: Part 1 of Schedule 1 commences on 8
September 2021. Sections 1 to 4 commence on 18 November 2022
Made under: section
10B of the Diplomatic
Privileges and Immunities Act 1967
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Health
and Aged Care
Aged Care Legislation Amendment
(Quality Indicator Program) Principles 2022 [F2022L01465]
What it does:
|
Other Details:
|
The instrument amends the Accountability
Principles 2014 and the Records Principles
2014 to expand the National Aged Care Mandatory Quality Indicator Program
by mandating quarterly reporting by approved providers of residential aged
care on additional quality indicators from 1 April 2023 across:
- activities
of daily living
- incontinence
care
- hospitalisation
- workforce;
- consumer
experience, and
- quality
of life.
The Department of Health and Aged Care is updating the
document to be incorporated by reference into the Accountability Principles
and the Records Principles, which will be titled the National Aged Care
Mandatory Quality Indicator Program Manual 3.0 ‑
Part A (Manual). The Manual details requirements relating to the collection
and reporting of data for the National Aged Care Mandatory Quality Indicator
Program (QI Program).
The Manual will expand the QI Program to 11 critical areas
by building on the existing five quality indicators which include:
- pressure
injuries;
- physical
restraint;
- unplanned
weight loss;
- falls
and major injury; and
- medication
management.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01465]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 April 2023
Made under: the Aged Care Act
1997
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Aged Care Legislation Amendment
(Transition Care) Instrument 2022 [F2022L01453]
What it does:
|
Other Details:
|
The instrument amends the Aged Care Quality
and Safety Commission Rules 2018, Quality of Care
Principles 2014 and Subsidy Principles
2014 to allow the Aged Care Quality and Safety Commissioner to conduct quality
reviews of transition care provided in home care settings and to monitor the
quality of transition care services provided in residential care and home
care settings.
- This
instrument also amends the Quality of Care Principles to specify that the Aged
Care Quality Standards apply to flexible care in the form of transition care.
It also makes further consequential amendments mainly relating to ensuring
relevant definitions include transition care.
- Flexible
care provided as transition care (the Transition Care Program (TCP)) seeks to
optimise the functioning and independence of older people
post-hospitalisation, and where possible, delay their entry into residential
aged care or alternatively, provide them with additional time to decide on
their longer-term care arrangements. It can be delivered in a residential
care setting, a person’s home, or a combination of both.
- The
TCP is jointly funded by the Australian and state/territory governments,
which provides short-term therapy focussed care and services to older people
for up to 12 weeks (with the possibility of a six-week extension) following
discharge from hospital. There are eight state and territory health
authorities who are approved providers of transition care.
- The
instrument is not intended to cover transition care services provided
directly by state and territory government run services, only those provided
by subcontracted services.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
November 2022 [F2022L01453]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: section
96.1 of the Aged
Care Act 1997 and section
77 of the Aged Care Quality and Safety Commission Act 2018
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Aged Care Quality and Safety
Commission Amendment (Code of Conduct and Banning Orders) Rules 2022 [F2022L01457]
What it does:
|
Other Details:
|
The instrument amends the Aged Care Quality
and Safety Commission Rules 2018 to make provision for the Code of
Conduct for Aged Care, which establishes minimum standards of conduct for
approved providers and their aged care workers and governing persons.
- It
also amends the Aged Care Quality and Safety Commission Rules 2018 in
relation to banning orders, by specifying that certain information must be
included in the register of banning orders, and making provision for matters
relating to accessing, correcting information in, and publication of, the
register of banning orders.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
November 2022 [F2022L01457]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: section
77 of the Aged
Care Quality and Safety Commission Act 2018
Regulation Impact Statement: the Productivity
Commission’s report National Disability Insurance Scheme (NDIS) Costs
and the report A
Matter of Care – Australia’s Aged Care Workforce Strategy have
undertaken similar processes and analyses to that required for a RIS. The Office of Best Practice Regulation (now
the Office of Impact Analysis) assessed that the options analysed in
the independent reviews are sufficiently relevant to the regulatory proposal.
(See page 4 of the Explanatory
Statement for the instrument for further information.)
Committee comment: none identified
Commentary:
Resources: none identified
|
Health Insurance Legislation
Amendment (2023 Measures No. 1) Determination 2022 [F2022L01497]
What it does:
|
Other Details:
|
The instrument amends the Health Insurance
(Allied Health Services) Determination 2014 (the 2014 Determination) and
the Health
Insurance (Section 3C General Medical Services – Telehealth and Telephone
Attendances) Determination 2021 (the 2021 Determination) by adding,
amending and deleting items listed in those instruments as part of the
Medicare Benefits Scheme (MBS).
Specifically, the instrument does the following:
- repeals
17 allied health video conference items for mental health and eating disorder
services, including two items in Group
M6 (psychological therapy services), six items in Group
M7 (focussed psychological strategies (allied mental health)) and nine
items in Group
M16 (eating disorder services) of the 2014 Determination, which have been
superseded due to the continuation of telehealth services introduced in
response to the COVID-19 pandemic
- amends
12 items, introduces one item and deletes one item as part of the
Government’s response to recommendations from the Medicare Benefits Schedule
Review Taskforce in relation to services for otolaryngology diagnostic
procedures, audiology services and ear, nose and throat surgical operations
- amends
20 items related to services for complex neurodevelopmental disorders.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
November 2022 [F2022L01497]
Tabled in House of Representatives: 24 November
2022
Tabled in Senate: 25 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
3C(1) of the Health Insurance
Act 1973 and subsection
33(3) of the Acts
Interpretation Act 1901
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
- ‘Allied health and mental
health’, Allied Health Professions Australia.
- Telehealth’, Department of Health and Aged Care.
- ‘Audiology’,
Allied Health Professions Australia.
- ‘Eating
disorder treatment and management plans’, Services Australia.
- ‘MBS
Online’, Department of Health and Aged Care.
- ‘Medicare
Benefits Schedule (MBS) Review Taskforce’, Department of Health and Aged
Care.
- ‘Medicare
Benefits Schedule (MBS) Review’, Department of Health and Aged
Care.
- ‘Neurodevelopment’,
Murdoch Children’s Research Institute.
- Regina
Boyle Wheeler, ‘What
Is an Otolaryngologist?’, WebMD, 14 May 2021.
|
Health Insurance (Section 3C
Diagnostic Imaging Services – Conjunctive Gallium-67 Nuclear Medicine Imaging
Service) Determination 2022 [F2022L01432]
What it does:
|
Other Details:
|
The instrument lists a new service (item 61477) in the diagnostic imaging services
table that must be performed in conjunction with whole body or localised
nuclear medicine imaging services using the radiopharmaceutical Gallium-67 (items
61429, 61430,
61442,
61450
or 61453).
To render a service under item 61477, a practitioner must bulk-bill the
service at no cost to the patient.
In the October 2022-23 Budget, the Government announced it
would introduce a new item to assist in addressing additional costs
associated with the procurement of the nuclear medicine radiopharmaceutical
Gallium-67 as part of the Medicare
Benefits Schedule – new and amended listings
measure.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 4 November
2022 [F2022L01432]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 8 November 2022
Made under: subsection
3C(1) of the Health
Insurance Act 1973
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Health
Insurance (Section 3C Diagnostic Imaging Services – Whole Body Magnetic
Resonance Imaging Scan) Determination 2022 [F2022L01472]
What it does:
|
Other Details:
|
The instrument introduces new Medicare Benefits Schedule (MBS)
item 63564 to the diagnostic imaging services table (the Table), which is
contained in the Health
Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020.
By including item 63564 in the Table, that item, which is
for a whole body magnetic resonance imaging scan to enable the detection of
cancer in patients with germline pathogenic TP53 variants, will attract a
Medicare benefit. The fee for item 63564 is $1,500.00.
The creation of item 63564 was recommended by the Medical
Services Advisory Committee at its July 2022 meeting.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
November 2022 [F2022L01472]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
3C(1) of the Health
Insurance Act 1973
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
National Health (Commonwealth Price
and Conditions for Commonwealth Payments for Supply of Pharmaceutical Benefits)
Amendment Determination 2022 (No. 7) [F2022L01411]
What it does:
|
Other Details:
|
The instrument amends Schedule 4 of the National Health
(Commonwealth Price and Conditions for Commonwealth Payments for Supply of
Pharmaceutical Benefits) Determination 2019 (PB 104 of 2019) to delete a
listed pharmaceutical item from the list of items which must be supplied as
a complete pack.
- Schedule
4 of PB 104 of 2019 lists pharmaceutical benefits to be supplied as complete
packs only.
- The amendment deletes Dexamethasone in
the form of Intravitreal injection 700 micrograms from the list of
Pharmaceutical Benefits to be supplied as complete packs only.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01411]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection 98C(1) of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Efficient Funding
of Chemotherapy) Special Arrangement Amendment Instrument 2022 (No. 10) [F2022L01409]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of
2011) (the Special Arrangement) to make changes relating to the Efficient
Funding of Chemotherapy to provide for:
- the
addition of the listed drug cemiplimab
- the
addition of a brand for the listed drugs bevacizumab, and bortezomib
- the
addition of a responsible person to the list of responsible persons and
- the
alteration of circumstances in which a prescription may be written for the
listed drugs atezolizumab, nivolumab, and pembrolizumab.
The Special
Arrangement achieves greater efficiency in payment for the supply of injected
or infused chemotherapy medicines to eligible patients being treated for
cancer, to reflect the 2010 Budget measure titled ‘Revised arrangements for
the efficient funding of chemotherapy drugs’.
The Special Arrangement
also relates to the supply of medicines associated with the side-effects of
cancer and cancer treatment at certain public hospitals.
The amendments reflect amendments made by the National
Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2022 (No.
11) [F2022L01408]
(discussed below).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01409]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection 100(2)
of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Highly Specialised
Drugs Program) Special Arrangement Amendment (November Update) Instrument 2022 [F2022L01415]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Highly specialised drugs program) Special Arrangement 2021 (PB 27 of 2021)
(the Special Arrangement).
The Highly Specialised Drugs program established under the
Special Arrangement provides access to specialised Pharmaceutical Benefits
Scheme medicines to eligible patients, for the treatment of chronic
conditions which, because of their clinical use and other special features,
have restrictions on where they can be prescribed and supplied.
- Schedule
1 to the instrument provides for the addition of the listed drug burosumab to
the Special Arrangement. It also provides for the deletion of a form of the
listed drug abacavir with lamivudine, the deletion of a brand of the listed
drug tacrolimus, and the alteration of circumstances in which a prescription
may be written for the listed drug pomalidomide under the Special
Arrangement.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01415]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection
100(2) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Pharmaceutical Benefits Scheme (PBS)’,
Department of Health and Aged Care.
- ‘Section
100 – Highly Specialised Drugs Program’, Department of Health and Aged
Care.
- Rebecca
Storen, Rosalind Hewett and Emma Vines, The
Pharmaceutical Benefits Scheme: a quick guide, Research paper series,
2021–22, (Canberra: Parliamentary Library, 2022).
- ‘Burosumab
for X-linked hypophosphatemia’, NPS MedicineWise, 10 December 2021.
- ‘Abacavir’,
MedlinePlus.
- ‘Lamivudine’,
NPS MedicineWise, 1 October 1996.
- ‘Tacrolimus
– Uses, Side Effects, and More’, WebMD.
- ‘Pomalidomide
for multiple myeloma’, NPS MedicineWise, 1 February 2015.
|
National Health (Listed Drugs on F1
or F2) Amendment Determination 2022 (No. 9) [F2022L01413]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listed Drugs on F1 or F2) Determination 2021 (PB 33 of 2021) by adding three
new drugs to the F1 list.
- The
National
Health Act 1953 (the Act) provides that drugs listed as
part of the Pharmaceutical Benefits Scheme may be assigned to formularies
identified as F1 and F2. F1 is intended for single branded drugs and F2 for
drugs that have multiple brands, or are in a therapeutic group with other
drugs with multiple brands.
- The
instrument adds burosumab, cemiplimab and tepotinib to the F1 list.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01413]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection
85AB(1) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Listing of
Pharmaceutical Benefits) Amendment Instrument 2022 (No. 11) [F2022L01408]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012) to
make changes to the pharmaceutical benefits listed on the Pharmaceutical
Benefits Scheme (PBS) and related matters.
- PB
71 of 2012 determines the pharmaceutical benefits that are on the Schedule of
Pharmaceutical Benefits (the PBS Schedule) through declarations of drugs and
medicinal preparations, and determinations of forms, manners of
administration and brands.
- The
PBS Schedule lists all of the medicines available to be dispensed to patients
at a Government-subsidised price.
-
Schedule 1 to the Instrument provides for the addition of the
listed drugs burosumab, cemiplimab, and tepotinib and forms of the listed
drugs phenelzine, and pyridostigmine to the PBS Schedule.
- It
also provides for:
- the
deletion of forms of the listed drugs abacavir with lamivudine, and
triglycerides - medium chain, formula and
- the
alteration of circumstances in which a prescription may be written for the supply
of the listed drugs abemaciclib, aflibercept, atezolizumab, brolucizumab,
clopidogrel, dexamethasone, lacosamide, molnupiravir, nintedanib,
nirmatrelvir and ritonavir, nivolumab, pembrolizumab, pirfenidone,
ranibizumab, somatropin, triptorelin, and ustekinumab.
- Schedule
1 to the Instrument also provides for the following changes:
- the
addition of 13 brands of existing pharmaceutical items
- the
deletion of 23 brands of existing pharmaceutical items
- the
addition of a pack quantity for 2 existing pharmaceutical items
- the
alteration of responsible persons code for 10 existing brand of
pharmaceutical item
- the
addition of 1 responsible person to the list of responsible persons
- the
addition of 2 existing pharmaceutical items covered under supply only arrangements
and
- the
deletion of 9 pharmaceutical items covered under Supply Only arrangements.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01408]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: sections 84AF,
84AK,
85,
85A,
88,
and 101
of the National Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Prescriber bag
supplies) Amendment Determination 2022 (No. 2) [F2022L01416]
What it does:
|
Other Details:
|
The instrument amends the Schedule to the National Health
(Prescriber bag supplies) Determination 2012 (PB 73 of 2012) (the
Principal Determination) to make changes to add pharmaceutical items which
may be supplied directly to patients as a prescriber bag supply.
- The
Principal Determination determines the pharmaceutical benefits and maximum
quantities of those pharmaceutical benefits which may be supplied directly to
patients, or obtained during a specified period, by a medical practitioner
and an authorised nurse practitioner.
- Schedule
1 to the instrument adds the listed drugs molnupiravir, and nirmatrelvir and
ritonavir, to the list in the Principal Determination of pharmaceutical
benefits that may be supplied directly to patients as a prescriber bag
supply.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01416]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: sections
93 and 93AB
of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Price and Special
Patient Contribution) Amendment Determination 2022 (No. 7) [F2022L01410]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Price and Special Patient Contribution) Determination 2022 (PB 98 of
2022).
The National Health
Act 1953 provides
for the Minister and the responsible person for the brand of a pharmaceutical
item to agree a price that is taken to be the appropriate maximum price of a
brand of a pharmaceutical item. Section 85B of the Act applies if the
Minister and the responsible person have been unable to reach an agreement on
a price for the pricing quantity. In this situation, the Minister
may determine an amount that is taken to be the appropriate maximum price of
the brand.
•
This instrument
amends PB 98 of 2022 by
removing the brand premium for one pharmaceutical item as requested by the
Department due to the only generic brand delisting. This is consistent with
the Department’s policy that pharmaceutical companies are only able to charge
brand premiums where there is at least one premium-free brand of the same
medicine available on the PBS to allow for equitable access to medicines.
- It also removes three brands of three
pharmaceutical items that are delisting from the PBS as requested by the
responsible persons.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01410]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: section
85B of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Private Health Insurance
Legislation Amendment Rules (No. 12) 2022 [F2022L01404]
What it does:
|
Other Details:
|
This instrument
was repealed on 1 November 2022 by the Private Health Insurance
Legislation Amendment Rules (No. 13) 2022 [F2022L01417],
discussed below. The repeal was intended to reverse an error under which
21 MBS items had amendments to the clinical category and procedure type when
these should not have been amended. This instrument amends the Private Health
Insurance (Benefit Requirements) Rules 2011 (Benefit Requirements Rules) and
the Private
Health Insurance (Complying Product) Rules 2015 (Complying Product
Rules), to reflect 1 November 2022 Medicare Benefits Schedule (MBS) changes.
- It
amends the Complying Product Rules to describe hospital treatments that must
be covered under insurance policies, to categorise new and reviewed MBS items
by clinical category, and to remove deleted items.
- It
amends the Benefit Requirements Rules to specify minimum hospital
accommodation benefit requirements, to classify new and reviewed MBS items
against procedure type classifications, and to remove deleted items.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27
October 2022 [F2022L01404]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: section
333-20(1) of the Private Health
Insurance Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
Private Health Insurance
Legislation Amendment Rules (No. 13) 2022 [F2022L01417]
What it does:
|
Other Details:
|
The instrument amends the Private Health
Insurance (Benefit Requirements) Rules 2011 (the Benefit Requirement
Rules) and the Private
Health Insurance (Complying Product) Rules 2015 (the Complying Product
Rules) to reflect changes to the private health insurance clinical
categorisation and procedure type classification of items of the Medicare
Benefits Schedule (MBS) that took effect on 1 November 2022.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01417]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection
333.20(1) of the Private Health
Insurance Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
‘Private
health insurance clinical category and procedure type’, Department of
Health and Aged Care.
- Daniel
Greiss and Scanlon Williams, Disallowable
Instruments Update Tabled week beginning 5 September 2022, Research
paper series, 2022–23 (Canberra: Parliamentary Library, 2022), 32–33—see for
information on the Health Insurance
Legislation Amendment (2022 Measures No. 3) Regulations 2022.
- Daniel
Greiss and Scanlon Williams, Disallowable
Instruments Update: tabled week beginning 24 October 2022, Research
paper series, 2022–23 (Canberra: Parliamentary Library, 2022), 36–37— see
for information on the Health Insurance
(Section 3C Co-Dependent Pathology Services) Amendment Determination (No. 6)
2022.
|
Private
Health Insurance (Prostheses) Amendment Rules (No. 3) 2022 [F2022L01463]
What it does:
|
Other Details:
|
The instrument amends the Private Health
Insurance (Prostheses) Rules (No. 3) 2022 (the Prostheses Rules) to
update the list (the Prostheses List) of the kinds of prostheses for which a
benefit must be paid and sets out the minimum and, where applicable, maximum
benefit payable by private health insurers.
The Prostheses List has four parts. Part A relates to
prostheses. Part B relates to human tissue. Part C concerns other prostheses.
Part D applies to general use items.
The instrument amends the Prostheses Rules by:
- creating
a new group in Part C of the Prostheses List for the electronic devices
allowing patients programming and controlling insulin pumps
- adding
one new Prostheses List billing code (II001) in the new group in Part C for
the Personal Diabetes Manager
- moving
three billing codes (JW005 (Mynx Vascular Closure Device), JW008 (EXOSEAL
Vascular Closure Device) and JW015 (MYNX Control Vascular Closure Device))
from Part A to Part D.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
November 2022 [F2022L01463]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 December 2022
Made under: item 4 of the table in section 333.20
of the Private
Health Insurance Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
Therapeutic Goods (Medical
Devices—Excluded Purposes) Amendment (COVID-19 Self-Testing) Specification 2022
[F2022L01403]
What it does:
|
Other Details:
|
The instrument amends the Therapeutic Goods
(Medical Devices—Excluded Purposes) Specification 2020 (the Principal
Specification) to provide an exception to the excluded purposes under the Therapeutic Goods
Act 1989 (the Act) in relation to testing for the presence of
SARS-CoV-2 nucleic acid.
- The
Act requires a person who applies for the inclusion of a kind of medical
device in the Australian Register of Therapeutic Goods (the Register) to
certify that the kind of device is not to be used exclusively for one or more
of the purposes specified under section 41BEA.
- The
Act also provides that the Secretary must not include a kind of medical
device in the Register if the Secretary is satisfied that the kind of device
is to be used exclusively for one or more of the purposes specified under
section 41BEA of the Act.
- Section
41BEA allows the Secretary to specify excluded purposes. These purposes can
be found in the Principal Specification and include testing
specimens from the human body in relation to a serious disease.
- This
instrument provides an exception to the excluded purpose of testing specimens
from the human body in relation to a serious disease, allowing devices for testing
for the presence of SARS-CoV-2 nucleic acid to be included in the Register.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27 October 2022 [F2022L01403]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 28 October 2022
Made under: section
41BEA of the Therapeutic
Goods Act 1989
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Home
Affairs
Migration Amendment (Status of Forces Agreement) Regulations 2022 [F2022L01401]
What it does:
|
Other Details:
|
The instrument amends the Migration
Regulations 1994 to prescribe Japanese Self-Defense Force members and
civilian component members, coming under the Reciprocal Access Agreement
between Australia and Japan, for the purposes of being taken to be granted a
special purpose visa
- Under
the Migration
Act 1958, a person having a prescribed status is taken to be granted
a special purpose visa by operation of law, without the person having to
apply for the visa. This instrument prescribes members of the Japanese
armed forces and the civilian component as classes of persons for the
purposes of being taken to be granted a special purpose visa.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 26
October 2022 [F2022L01401]
Tabled in House of Representatives: 27 October
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: On the day the Agreement between Australia and Japan concerning the
Facilitation of Reciprocal Access and Cooperation between the Australian
Defence Force and the Self-Defense Forces of Japan comes into force in Australia, if that day
occurs within 18 months from 26 October 2022. Otherwise, the instrument will
not commence.
Made under: section
504(1) and paragraph
33(2)(a) of the Migration Act
1958
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary:
Resources:
|
Migration
Amendment (Subclass 191 Visas—Waiver of Conditions) Regulations 2022 [F2022L01451]
What it does:
|
Other Details:
|
The instrument amends the Migration
Regulations 1994 (Regulations) to support family unity for skilled
workers by enabling family members to join a subclass 191 (Permanent
Residence (Skilled Regional)) visa application without having to depart
Australia.
- The
subclass 191 (Permanent Residence (Skilled Regional)) visa (subclass 191 visa)
is a permanent visa available to certain persons who have lived and worked in
regional Australia and have held the relevant qualifying provisional
‘pathway’ visa beforehand.
- Paragraph
41(2)(a) of the Migration Act 1958 provides that the
Regulations may provide that a visa, or visas of a specified class are
subject to a condition that the holder of the visa will not, after entering
Australia, be entitled to be granted a substantive visa (other than a
protection visa, or a temporary visa of a specified kind) while he or she
remains in Australia. Subsection 41(2A) then provides that the Minister may,
in prescribed circumstances, by writing, waive such a condition.
- The
pathway visas do not have any conditions that prevent further visa
applications being made in Australia and hence an ability to waive such
conditions is not needed to enable their holders to apply for a Subclass 191
visa in Australia. However, there may be impacted family members, for
example, a spouse who is in Australia on a student visa with a ‘No Further
Stay’ condition.
- The
instrument ensures that such conditions may be waived to enable genuine
family members to join the permanent visa application without having to
depart Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
November 2022 [F2022L01451]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 12 November 2022
Made under: subsections
504(1) and 41(2A)
of the Migration
Act 1958
Regulation Impact Statement: not required (see page
2 of Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Back to top
Industry, Science and Resources
Industry Research and Development
(Australia-India Critical Minerals Investment Partnership Program) Instrument
2022 [F2022L01441]
What it does:
|
Other Details:
|
The instrument prescribes the Australia-India Critical
Minerals Investment Partnership Program (the Program), which will provide $5.8
million to undertake due diligence exercises ($0.8 million for administrative
costs) to promote and further the ongoing relationship between the Commonwealth
and the government of India through investment in critical minerals.
The Commonwealth’s contribution makes up 50 per cent of
the Program’s funding. The remaining funding contribution will be provided by
Khanij Bidesh India Ltd. The Program’s funding will be used to undertake due
diligence exercises to assist the development of a business case for
prospective Indian investment in Australia.
- Under
section
33 of the Industry
Research and Development Act 1986 (the Act), the Minister can
prescribe programs in relation to industry, innovation, science or research.
The Minister may also prescribe expenditure of Commonwealth money under such
programs.
- The
Program’s funding will be managed by the Critical Minerals Office (CMO),
which is the Australian Government's central coordination point to help grow
Australia’s critical minerals sector, within the Department of Industry,
Science and Resources. The CMO works across government with key agencies like
Austrade and the Department of Foreign Affairs and Trade to help connect
Australian critical minerals projects with investors, regulators, government
financing facilities and Australia's strategic partners.
- Spending
decisions will be made by Australian Government officials.
- Underpinning
the Program is a Memorandum of Understanding between the Commonwealth of
Australia, as represented by the Critical Minerals Office, and Khanij Bidesh
India Ltd. (the MoU) dated 10 March 2022. The MoU provides a framework for
building an Australia‑India
partnership in critical minerals investment. It sets out the objectives and
actions that will deliver on the ambition of both Australia and India to
develop robust and commercially viable critical minerals supply chains
through investing in upstream mineral assets and associated development
projects in Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation:
9 November 2022 [F2022L01441]
Tabled in House of Representatives: 10 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 10 November 2022
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument).
Committee comment: none identified
Commentary:
- ‘Delegation visit marks first milestone in Australia–India
critical minerals partnership’, Department of Industry, Science
and Resources.
- ‘Unlocking Australia-India critical minerals partnership
potential’, Austrade.
- Keith
Pitt (Minister for Resources and Water), ‘Australia
and India sign critical minerals agreement’, media release, 4 June 2020.
- Keith
Pitt (Minister for Resources and Water), ‘India
partnership to boost Australian critical minerals sector’, media release,
11 March 2022.
- '$43.2m for CSIRO and India partnerships’,
CSIRO.
- ‘CSIRO's science underpinning the Australia-India critical
minerals partnership’, CSIRO.
Resources:
- ‘Critical Minerals at Geoscience Australia’, Geoscience
Australia.
- ‘Critical Minerals Office’, Department of
Industry, Science and Resources.
- Australia-India
Economic Cooperation and Trade Agreement, done at
Melbourne and New Delhi on 2 April 2022, not yet in force.
- ‘Australia-India ECTA benefits for the Australian critical
minerals and resources sectors’, Department of Foreign Affairs and
Trade.
- Joint
Standing Committee on Treaties, Inquiry
into the Australia-India Economic Cooperation and Trade Agreement,
Australian Parliament.
- Unlocking
Australia-India critical minerals partnership potential: India critical
minerals demand report, Australian Trade and Investment Commission
and Australia India Business Exchange, July 2021.
- Ian
Zhou, Critical
minerals and their potential economic opportunities: a quick guide,
Research paper series, 2021–22, (Canberra: Parliamentary Library, 2021).
|
Industry Research and Development
(Critical Minerals Development Program) Instrument 2022 [F2022L01414]
What it does:
|
Other Details:
|
The instrument prescribes the Critical Minerals Development Program (the
Program), which will provide $50 million over 3 years for competitive grants
to support early and mid-stage critical minerals projects.
- Under
section
33 of the Industry
Research and Development Act 1986 (the Act), the Minister can
prescribe programs in relation to industry, innovation, science or research.
The Minister may also prescribe expenditure of Commonwealth money under such
programs.
- Pursuant
to this instrument, the Program, which will be delivered by AusIndustry,
provides grants of a minimum of $1 million and a maximum of $30 million to:
- assist
early to mid-stage critical minerals projects of strategic significance to
overcome technical and market barriers, and
- support
those projects through various points in the development process until the
projects are sufficiently advanced to seek financing, and
- support
project activities that may occur between completion of exploration and the
final investment decision, including studies and design work, as well as
contributions towards the capital costs of pilots and demonstration projects.
- Under
the Program, funding is available to successful companies to undertake
eligible project activities, which can include technical assessments,
flowsheet design, constructing pilot plants and demonstration processing
plants, and undertaking Front End Engineering and Design studies.
- The
stated purpose of the Program is to build alternative, competitive and
reliable end‑to‑end critical minerals
supply chains with Australia’s allies and partners.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
October 2022 [F2022L01414]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 1 November 2022
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument).
Committee comment: none identified
Commentary:
- ‘CME
welcomes Federal Budget’, Chamber of Minerals and Energy, 25 October
2022.
- ‘Critical
minerals strategy vital for the future, according to industry’, Resources
Review, 21 October 2022.
- ‘Government
to subsidise miners to extract critical minerals’, The New Daily,
20 October 2022.
- Madeleine
King (Minister for Resources and Minister for Northern Australia), ‘Support
for critical minerals breakthroughs’, media release, 20 October 2022.
- Andy
Colthorpe, ‘Batteries
included: Australia to launch National Critical Minerals Strategy’, Energy
Storage News, 25 October 2022.
- Esmarie
Iannucci, ‘Miners
welcome Critical Minerals Strategy’, Mining Weekly, 21 October
2022.
- Joseph
Brookes, ‘Albanese slims down critical minerals support grants’,
InnovationAus.com, 21 October 2022.
- Neil
Watkinson, ‘Federal
Government to establish $50.5 million critical minerals research and
development hub’, Kalgoorlie Miner, 27 October 2022.
Resources:
- ‘Critical Minerals at Geoscience Australia’, Geoscience
Australia.
- Australian
Government, ‘‘Part
2: Payment Measures’, Budget Measures: Budget Paper No. 2: 2022–23,
154.
- ‘Our commitment to developing Australia’s critical minerals
sector’, Department of Industry, Science and Resources.
- Ian
Zhou, Critical
minerals and their potential economic opportunities: a quick guide,
Research paper series, 2021–22, (Canberra: Parliamentary Library, 2021).
- ‘AusIndustry’,
Australian Government – Business.
|
Industry Research and Development
(Diesel Exhaust Fluid Emergency Stockpile Program) Instrument 2022 [F2022L01479]
What it does:
|
Other Details:
|
The instrument prescribes the Diesel Exhaust Fluid
Emergency Stockpile Program, part of a package of measures which provides
funding to secure the supply of Diesel Exhaust Fluid (DEF).
- The
funding for the Program has been secured through the Department of Climate
Change, Energy, the Environment and Water 2022-23 Budget. The Program is part
of a package of measures, which provides $49.5 million in total funding, to
deliver the Australian Government’s commitment to secure the supply of Diesel
Exhaust Fluid (DEF). As part of this package, the Program will establish an
emergency stockpile of 7,500 tonnes of Technical Grade Urea (TGU) which is
the main ingredient of DEF.
- The
strategic stockpile will ensure that Government can support the market
through release of TGU, by sale of all or part of the stockpile, if a supply
shortage occurs. A release, by sale, of TGU from the stockpile could help
prevent a supply crisis like that experienced in December 2021 by increasing
supply in the market.
- The
Program provides funding for the Commonwealth to engage a successful
tenderer, or successful tenderers, to undertake the procurement of the
emergency TGU stockpile which will be owned by the Commonwealth. The
successful tenderer, or successful tenderers, will procure, transport, store,
and manage the emergency stockpile of TGU as directed by the Commonwealth.
The Commonwealth will sell all or part of the emergency stockpile if a supply
shortage occurs.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01479]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 19 November 2022
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
- ‘Australia’s
fuel security’, Department of Climate Change, Energy, the Environment and
Water.
- Australian
Government, ‘Part
2: Payment Measures’, Budget Measures: Budget Paper No. 2: 2022–23,
59.
- ‘Federal
Government To Act On Manufacture, Stockpile Of Diesel Exhaust Fluid’,
AuManufacturing, 15 September 2022.
- Sam
Purcell, ‘What is diesel exhaust fluid (AdBlue), and how does it
work?’, Drive, 30 October 2020.
- Daniel
Mercer, ‘What is AdBlue and why could an international shortage
bring Australia's economy to its knees?’, ABC News, 8
December 2021.
|
Back to top
Infrastructure,
Transport, Regional Development, Communications and the Arts
AD/F28/93
— F70 Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd (Civil Aviation
Act 1988) [F2022L01489]
What it does:
|
Other Details:
|
The instrument has been issued to correct an unsafe
situation on Fokker F28 Mark 0070 aircraft, as the main landing gear pistons
were not overhauled in accordance with manufacturer’s approved maintenance
data.
Under regulation
39.001 of the Civil
Aviation Safety Regulations 1998, the Civil Aviation Safety
Authority may issue an airworthiness directive for a kind of aircraft or
aeronautical product.
The instrument requires that certain
Fokker F28 Mark 0070 aircraft be subject to a detailed visual
inspection of the pistons of the aircraft in accordance with the Fokker
Services All Operators Message. Furthermore, the instrument requires that all
pistons of the aircraft that have been overhauled using the AeroNikl or the
Atotech be removed from service and rendered unsalvageable.
See the Explanatory
Statement for the instrument for further information.
See also AD/F100/98 — F100
Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd (Civil Aviation
Act 1988) [F2022L01488], discussed below.
|
Registered on Federal Register of Legislation: 22
November 2022 [F2022L01489]
Tabled in House of Representatives: 23 November
2022
Tabled in Senate: 24 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 24 November 2022
Made under: regulation
39.001 of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
AD/F100/98
— F100 Main Landing Gear Pistons overhauled by Aerospace NDI Pty Ltd (Civil Aviation
Act 1988) [F2022L01488]
What it does:
|
Other Details:
|
The instrument has been issued to correct an unsafe
condition on the Fokker F100 aircraft due to main landing gear pistons not
being overhauled in accordance with manufacturer’s instructions, which can
cause internal hydrogen embrittlement and cause cracking after incorrect
treatment.
Under regulation
39.001 of the Civil
Aviation Safety Regulations 1998, the Civil Aviation Safety Authority may
issue an airworthiness directive for a kind of aircraft or aeronautical
product.
The instrument requires that certain
Fokker F100 aircraft be subject to a detailed visual inspection of
the pistons of the aircraft in accordance with the Fokker Services All
Operators Message. Furthermore, the instrument requires that all pistons of
the aircraft that have been overhauled using the AeroNikl process or the
Atotech process be removed from service and rendered unsalvageable.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 22
November 2022 [F2022L01488]
Tabled in House of Representatives: 23 November
2022
Tabled in Senate: 24 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 24 November 2022
Made under: regulation
39.001 of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
3 of Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA
EX91/22 — The Go For Goal Instrument 2022 [F2022L01496]
What it does:
|
Other Details:
|
The instrument enables paragliders to be flown in the Go
For Goal 2022 paragliding event without the pilots in command having to
comply with certain licensing and radiocommunication regulatory requirements.
The event is to be held near Corryong, Victoria. The
exemptions are necessary because paragliders are not typically equipped with
VHF radio equipment but during the event paragliders will be flown in the
vicinity of Corryong aerodrome, and above 5,000 feet above mean sea level which
requires the carriage and use of VHF radio equipment.
The instrument also provides an exemption for a named
individual who holds a radio operator endorsement issued by Sports Aviation
Federation of Australia Limited to allow the individual to transmit on a
radio frequency while operating a ground communications station for the
event.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
November 2022 [F2022L01496]
Tabled in House of Representatives: 24 November
2022
Tabled in Senate: 25 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 24 November 2022
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Regulations 1998
Regulation Impact Statement: not required (see page
10 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Telecommunications (Designated
Service Area and Statutory Infrastructure Provider) Amendment Declaration (No.
4) 2022 [F2022L01428]
Telecommunications (Designated Service
Area and Statutory Infrastructure Provider) Amendment Declaration (No.5) 2022 [F2022L01484]
What it does:
|
Other Details:
|
The instrument amends the Telecommunications
(Designated Service Area and Statutory Infrastructure Provider) Declaration
(No. 1) 2020 statutory infrastructure provider
(SIP) obligations Fibre to the Premises (FTTP) network in South Brisbane). During the transition
period both Telstra and Opticomm will be SIPs for the service areas, with
Opticomm becoming the sole SIP for the estates after the transition period
ends.
The Government has also made the Telecommunications (Exceptions to Statutory
Infrastructure Provider Obligations – Telstra and Opticomm Pty Ltd)
Determination 2022, (discussed
below) which specifies exceptions to SIP obligations for Telstra and Opticomm
relating to the transfer.
- NBN
Co is the default SIP for most Australian premises. Other carriers can also
be SIPs where they have installed telecommunications network infrastructure.
Section 360L of the Telecommunications
Act 1997 (the Act) allows the Minister to declare that a specified
area is a designated service area and a specified carrier is the SIP for the
designated service area – these declarations are set out in the Telecommunications
(Designated Service Area and Statutory Infrastructure Provider) Declaration
(No. 1) 2020
- SIPs
have obligations under Part 19 of the Act. These include that an SIP must
connect premises to its networks and must supply an eligible service to
consumers.
- SIPs
must also comply with standards, benchmarks and rules determined by the
Minister.
- Telstra
previously held
exemptions with respect to certain obligations in the Act , which would
have otherwise required Telstra to update its South Brisbane network.
- On
24 December 2020, Telstra and Uniti announced that they had entered into a
commercial agreement relating to the service areas collectively known as
‘Velocity’ estates, which include Telstra’s FTTP network in South Brisbane
- The
ownership of the Telstra FTTP networks in the estates passed to Uniti on 24 December
2020, but Telstra retained operational control of the networks pending a
transition process. As such it has continued to be responsible for connecting
premises to the networks, and for providing wholesale services under the SIP
regime. It has therefore remained the SIP for the estates until now
- The
transition process will involve the disconnection of Telstra’s equipment and
the installation of new equipment owned by Uniti’s subsidiary, Opticomm. Both
Telstra and Opticomm have stated that the process at any individual premises
will be completed in a single day, meaning disruptions to service for
end-users should be limited. Once the Opticomm equipment has been installed,
Opticomm will fully control the networks and take over the role of providing
network connectivity and wholesale services in the Velocity estates. As such,
it should also be the SIP for the estates.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 21
November 2022 [F2022L01484]
Tabled in House of Representatives: 22 November
2022
Tabled in Senate: 23 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 22 November 2022
Made under: section
360L of the Telecommunications
Act 1997 and subsection
33(3) of the Acts
Interpretation Act 1901
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Statutory
Infrastructure Provider regime’, Australian Communications and Media
Authority.
- ‘SIP Obligations’,
Australian Communications and Media Authority.
- ‘Velocity
network upgrade’, Telstra.
- ‘Uniti Group’, Opticomm.
- ‘’,
Opticomm.
- Sasha
Karen, ‘Uniti
bags 50,000 FTTP services in $140M Telstra Velocity deal’, ARNNET,
16 December 2020.
- Nico
Arboleda, ‘Uniti
Group acquires Telstra's fibre-to-the-premises network Velocity for $140m’,
CRN, 16 December 2020.
- Ry
Crozier, ‘Telstra
sells Velocity, South Brisbane fibre networks for $140m’, ITnews,
16 December 2020.
- Consultation
on Telstra request for extensions to Ministerial exemptions for its South
Brisbane and Velocity networksDepartment of
Infrastructure, Transport, Regional Development, Communications and the Arts.
|
Telecommunications (Exceptions to
Statutory Infrastructure Provider Obligations – Telstra and Opticomm Pty Ltd)
Determination 2022 [F2022L01486]
What it does:
|
Other Details:
|
The instrument specifies exceptions to statutory
infrastructure provider (SIP) obligations for Telstra and Opticomm relating
to the transfer of control of fibre-to-the-premises networks in 130 SIP
service areas (including Telstra’s
Fibre to the Premises (FTTP) network in South Brisbane). During the transition
period both Telstra and Opticomm will be SIPs for the service areas, with
Opticomm becoming the sole SIP for the estates after the transition period
ends.
The instrument
performs three functions:
- Defines
a Premises Transition Date, establishing a time when individual premises are
transferred from Telstra’s operational control to Opticomm’s.
- Determines
exceptions from SIP obligations. Specifically, Opticomm does not have to
fulfil SIP obligations at individual premises prior to the Premises
Transition Date, and Telstra does not have to fulfil SIP obligations at
individual premises after the Premises Transition Date.
- Specifies
conditions which must be met for the exceptions to apply. Specifically, it
requires that:
- Telstra
and Opticomm have executed an agreement on the operational measures required
to comply with a request to fulfil SIP obligations
- details
of those measures are made available on their respective websites and remain
on the websites during the transition period and
- the
agreement remains in force during the transition period.
See the Explanatory
Statement for the instrument for further information.
See also Telecommunications (Designated Service Area and Statutory
Infrastructure Provider) Amendment Declaration (No.5) 2022,
discussed above.
|
Registered on Federal Register of Legislation: 22
November 2022 [F2022L01486]
Tabled in House of Representatives: 23 November
2022
Tabled in Senate: 24 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 22 November 2022
Made under: subsections
360P(3) and 360Q(4)
of the Telecommunications
Act 1997
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
- ‘Statutory
Infrastructure Provider regime’, Australian Communications and Media
Authority (ACMA).
- ‘SIP Obligations’, ACMA.
- ‘Velocity
network upgrade’, Telstra.
- ‘Uniti Group’, Opticomm.
- ‘More information about the Velocity transition’,
Opticomm.
- Sasha
Karen, ‘Uniti
bags 50,000 FTTP services in $140M Telstra Velocity deal’, ARNNET,
16 December 2020.
- Nico
Arboleda, ‘Uniti
Group acquires Telstra's fibre-to-the-premises network Velocity for $140m’,
CRN, 16 December 2020.
- Ry
Crozier, ‘Telstra
sells Velocity, South Brisbane fibre networks for $140m’, ITnews,
16 December 2020.
- ‘Consultation
on Telstra request for extensions to Ministerial exemptions for its South
Brisbane and Velocity networks’, Department of
Infrastructure, Transport, Regional Development, Communications and the Arts.
|
Variation to Licence Area Plan –
Murrayville Community Radio – 2022 (No. 1) [F2022L01431]
What it does:
|
Other Details:
|
The instrument varies the characteristics, including
technical specifications, of Murrayville community radio broadcasting
services in the Murrayville RA1 licence area.
The main variation is to add a technical specification to
the Murrayville licence area plan (LAP) for an existing community radio
broadcasting retransmission with the call sign 3MBR serving Lameroo.
There is currently one community radio broadcasting
service planned in the Murrayville RA1 licence area, serving the general area
of Murrayville. In 2000, the licensee was issued with a retransmission
licence to transmit the service in Lameroo; however, this transmission was
not planned in the Murrayville LAP. It was assessed at the time to be an
appropriate technical specification and the Australian Communications and Media
Authority (ACMA) has not received any objections or complaints about the
service. The ACMA therefore believes it is appropriate to regularise the
service by planning it officially in the Murrayville LAP.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3 November
2022 [F2022L01431]
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 4 November 2022
Made under: subsection 26(2) of the Broadcasting
Services Act 1992
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Back to top
Prime
Minister and Cabinet
Remuneration
Tribunal Amendment Determination (No. 11) 2022 [F2022L01464]
What it does:
|
Other Details:
|
The instrument amends the Remuneration
Tribunal (Remuneration and Allowances for Holders of Part-time Public Office)
Determination 2022 and the Remuneration
Tribunal (Remuneration and Allowances for Holders of Full-time Public Office)
Determination 2022 to make changes to remuneration related provisions.
Specifically, the instrument:
- removes
reunion travel assistance for Ms Natasha Griggs, who is the former
Administrator, Christmas and Cocos (Keeling) Islands
- sets
remuneration and travel tier for the offices of the Northern Territory
Aboriginal Investment Corporation, its Investment Committee and its Audit and
Risk Committee
- updates
the name of Australia Business Arts Foundation to Creative Partnerships
Australia
- amends
the special provisions associated with the National Disability Insurance
Agency to set reduced person-specific remuneration for:
- Dr
Peta Seaton AM in her role on the Sustainability Committee
- the
Hon Dr Denis Napthine AO in his role as Member of the National Disability
Insurance Agency Board
- removes
person-specific remuneration for the Hon Cheryl Edwardes, former member of
the Foreign Investment Review Board
- removes
person-specific remuneration for the Hon Hugh Delahunty, former member of the
Australian Sports Commission Board
- updates
the reference to Queen’s Counsel to King’s Counsel in the item associated
with the Defence Force Advocate
- repeals
and re-establishes remuneration, travel tier and any associated special
provisions for the offices of:
- National
Mental Health Commission (Chair or Commissioner)
- Australia
Council, Sector Strategy Panels
- Editorial
Advisory Board
- Australian
National Maritime Museum – Committee (non-Board member)
- Australia
Council, Peer Assessment Panel Members
- Australian
Commission on Safety and Quality in Health Care – Expert Committees.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
November 2022 [F2022L01464]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Prime Minister and Cabinet
Commencement: 17 November 2022
Made under: subsections
7(3) and (4) of the Remuneration
Tribunal Act 1973
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
- ‘About us’, Remuneration
Tribunal.
- ‘NT
Aboriginal Investment Corporation’, National Indigenous Australians
Agency.
- ‘About Creative
Partnerships Australia’, Creative Partnerships Australia.
- ‘National
Disability Insurance Agency’, NDIS.
- ‘Board
profiles’, NDIS.
- ‘About FIRB’, Foreign Investment
Review Board.
- ‘Foreign
Investment Review Board Appointment’, Ministers Treasury portfolio.
- ‘Australian
Sports Commission (Board)’, Australian Government Directory.
- Jerome
Doraisamy, ‘Queen’s
Counsel to become King’s Counsel’, Lawyers Weekly, 8 September 2022.
- ‘Defence
Force Advocate’, Australian Government Directory.
- ‘About’, National
Mental Health Commission.
- ‘About us’, Australia
Council for the Arts.
- ‘Editorial
Advisory Board’, Australian Government Directory.
- ‘About’, Australian
National Maritime Museum.
- ‘About us’, Australian
Commission on Safety and Quality in Health Care.
|
Back to top
Social Services
No instruments tabled in the relevant period.
Back to top
Treasury
Accounting Standard AASB 2022-5 Amendments
to Australian Accounting Standards – Lease Liability in a Sale and Leaseback [F2022L01500]
What it does:
|
Other Details:
|
The instrument makes amendments to Accounting Standard AASB
16 Leases (February 2016) to add subsequent measurement requirements for
sale and leaseback transactions that satisfy the requirements in AASB
15 Revenue from Contracts with Customers to be accounted for as a sale.
These amendments arise from the issuance of International Financial Reporting Standard Lease Liability
in a Sale and Leaseback (Amendments to IFRS 16) by the International Accounting Standards
Board (IASB) in September 2022.
AASB 16 already requires a seller-lessee to recognise only
the amount of any gain or loss related to the rights transferred to the
buyer-lessor. The amendments made by this instrument ensure that a similar
approach is applied by also requiring a seller-lessee to subsequently measure
lease liabilities arising from a leaseback in a way that does not recognise
any amount of the gain or loss related to the right of use it retains.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
November 2022 [F2022L01500]
Tabled in House of Representatives: 24 November
2022
Tabled in Senate: 25 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 31 December 2023
Made under: section
334 of the Corporations
Act 2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
- ‘AASB
16 Leases’, Australian Accounting Standards Board, February 2016.
- ‘AASB
15 Revenue from Contracts with Customers’, Australian Accounting
Standards Board, 31 December 2018.
- ‘About the AASB’, Australian Accounting
Standards Board.
- ‘IFRS - International Accounting Standards Board’,
IFRS Foundation.
- ‘Lease liability in a Sale and Leaseback: Amendments to
IFRS 16, ‘Leases’’, PwC, 23 September 2022.
- ‘Lease liability in a sale-and-leaseback’, KPMG
Global, 26 September 2022.
- ‘IFRS 16 amended for lease liability measurement in sale
and leaseback’, EY – Global, 27 September 2022.
- ‘IASB issues narrow-scope amendments for sale and leaseback
transactions’, Wolters Kluwer, 22 September 2022.
|
ASIC Corporations (Amendment)
Instrument 2022/0940 [F2022L01459]
What it does:
|
Other Details:
|
The instrument makes various changes to 15 ASIC instruments
to account for the enactment of the Corporate Collective Investment Vehicle Framework
and Other Measures Act 2022 (CCIV Act). The CCIV Act
amended the Corporations Act 2001 (the Act) to establish the corporate collective
investment vehicle (CCIV) as a new type of company that is used for funds
management
- The
amendments relate to a range of matters including modifying CCIV
constitutions, relief from financial reporting obligations under part
2M.3 of the Act, relief in relation to offers of convertible notes,
issues of shares by ASX-listed sub-funds and retail CCIVs and relief from the
duties of a corporate director of a CCIV in part
8B.3 of the Act
- The
Schedules to this instrument modify 15 ASIC instruments to impose
broadly equivalent requirements and give broadly equivalent relief in
relation to CCIVs to those imposed and given in relation to managed
investment schemes.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
November 2022 [F2022L01459]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 15 November 2022
Made under: sections 341, 601QA, 655A, 673, 741, 951B, 1020F and 1243 of the Corporations Act 2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
ASIC Market Integrity Rules
(Securities Markets) NSXA and SSX Markets (Operators and Participants) Class
Waiver 2022/881 [F2022L01460]
What it does:
|
Other Details:
|
The instrument remakes the ASIC Market
Integrity Rules (Securities Markets) Class Waiver 2018/258, ASIC
Waiver 18/260 and ASIC
Waiver 18/261, consolidates them into a single legislative instrument,
and extends the operation of the relief granted under them to 16 November
2024.
- These
waivers provide that certain participants in the National Stock Exchange of
Australia Limited (NSXA) and Sydney Stock Exchange Limited (SSX) markets do
not have to comply with certain provisions of the ASIC Market
Integrity Rules (Securities Markets) 2017.
- In Consultation
Paper 277 Proposals to consolidate the ASIC market integrity rules (CP
277), ASIC proposed to consolidate several ASIC market integrity rules
into a single set of ASIC market integrity rules for the markets operated by
entities including the NSXA and SSX.
- ASIC
also proposed to grant waivers to provide transitional relief to NSXA, SSX
and the participants of those markets, to allow sufficient time for NSXA and
SSX to amend their respective operating rules, and for participants in those
markets to comply with the new requirements.
- Following
CP 277, ASIC made the consolidated rules (which included the Securities
Markets Rules) and granted the Existing Waivers with a two-year duration,
expiring 16 November 2020.
- On 30 October
2020, ASIC extended the Existing Waivers for a further two-year period, to 16
November 2022. This was largely due to the disruption caused by the COVID-19
pandemic, and was intended to allow NSXA, SSX and the participants of those
markets to focus on their other pressing priorities during the COVID-19
pandemic.
- This
instrument is further two-year period of relief is required to facilitate:
- sufficient time for ASIC to review,
consult and consider how the Securities Markets Rules should apply to smaller
securities markets and consider relevant amendments to the Securities Markets
Rules if required, having regard to the size and operation of these
securities markets and
- participants of NSXA and SSX markets
having sufficient time to make the appropriate system, organisational and
technological changes to comply with the Securities Markets Rules (and any
applicable amendments) and/or obligations.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
November 2022 [F2022L01460]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 17 November 2022
Made under: subrule 1.2.1(1) and rule 1.2.3 of the ASIC Market
Integrity Rules (Securities Markets) 2017
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
ASIC (Supervisory Cost Recovery
Levy—Annual Determination) Instrument 2022/890 [F2022L01444]
What it does:
|
Other Details:
|
This instrument relates
to annual levies imposed on the entities that ASIC regulates, which are aimed
at recovering ASIC’s regulatory costs for the financial year.
This instrument, together with ASIC (Supervisory Cost Recovery Levy—Regulatory Costs)
Instrument 2022/889 (discussed below), provide ASIC with
the figures to enable it to calculate the levies payable by each leviable
entity for the 2021-22 financial year. ASIC will use the figures in these
instruments in preparing the invoices for the levies which will be sent out
to the industry in January 2023.
See the Explanatory Statement for the instrument for
further information.
|
Registered on Federal Register of Legislation: 10
November 2022 [F2022L01444]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 5 days
Administered by: Treasury
Commencement: 11 November 2022
Made under: section
73 of the ASIC Supervisory Cost Recovery Levy Regulations
2017
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
ASIC (Supervisory Cost Recovery
Levy—Regulatory Costs) Instrument 2022/889 [F2022L01443]
What it does:
|
Other Details:
|
This instrument relates
to annual levies imposed on the entities that ASIC regulates, which are aimed
at recovering ASIC’s regulatory costs for the financial year. This
instrument specifies ASIC’s regulatory costs and their attribution to
each industry sub-sector for the 2021-22 financial year.
This instrument, together with ASIC (Supervisory Cost Recovery Levy—Annual Determination)
Instrument 2022/890 (discussed above), provide ASIC with
the figures to enable it to calculate the levies payable by each leviable
entity for the 2021-22 financial year. ASIC will use the figures in these
instruments in preparing the invoices for the levies which will be sent out
to the industry in January 2023.
See the Explanatory Statement for the instrument for
further information.
|
Registered on Federal Register of Legislation: 10
November 2022 [F2022L01443]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 5 days
Administered by: Treasury
Commencement: 11 November 2022
Made under: subsection
12A(6) of the Australian Securities and Investments
Commission Act 2001 for the purposes
of subsection 10(2) of the ASIC Supervisory Cost Recovery Levy Act 2017
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
Banking,
Insurance, Life Insurance and Health Insurance (prudential standard) determination
No. 1 of 2022 [F2022L01493]
What it does:
|
Other Details:
|
The instrument revokes Prudential Standard CPS 510
Governance made under Banking, Insurance,
Life Insurance and Health Insurance (prudential standard) determination No. 2
of 2019 and determines a new Prudential Standard CPS 510 Governance.
The amendments apply to the following Australian
Prudential Regulation Authority (APRA) regulated institutions:
- authorised
deposit-taking institutions (ADIs) and authorised banking non-operating
holding companies (NOHCs) that are significant financial institutions (SFIs)
as defined in APRA’s definitions, or a group headed by such an ADI or
authorised banking NOHC from 1 January 2023
- general
insurers, life companies and private health insurers that are SFIs, groups
headed by such entities and groups headed by authorised insurance NOHCs,
parent entities of Level
2 insurance groups or registered life NOHCs that are SFIs from 1 July
2023.
The instrument sets rules concerning, among other things,
governance arrangements, senior management, composition, representation and
renewal of Boards of locally-incorporated APRA-regulated institutions, joint
ventures, remuneration, audit arrangements and auditor independence.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 22
November 2022 [F2022L01493]
Tabled in House of Representatives: 24 November
2022
Tabled in Senate: 25 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 1 January 2023
Made under: section
11AF of the Banking
Act 1959; section
32 of the Insurance Act 1973; section
230A of the Life
Insurance Act 1995; and section
92 of the Private
Health Insurance (Prudential Supervision) Act 2015
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Competition and Consumer (Industry
Codes—Franchising) (Additional Information Required by the Secretary)
Determination 2022 [F2022L01454]
What it does:
|
Other Details:
|
The instrument prescribes additional information that a
class of franchisors must provide to the Secretary for inclusion in the Franchise Disclosure Register.
The additional
information required by the instrument will enhance the ability of
prospective franchisees to make informed decisions about franchise systems
that they are considering purchasing by enabling them to easily compare
information about different franchise systems.
The class of franchisors is those franchisors to which
either clause 53C or clause 53D of the Franchising Code of Conduct (contained
in Schedule 1 to the Competition and
Consumer (Industry Codes—Franchising) Regulation 2014 applies. Clause
53C applies to a franchisor who:
- has
given a disclosure document to a franchisee or prospective franchisee on or
before 31 October 2022, and
- if
the franchisor is the master franchisor in a master franchise system—the
master franchise system has 2 or more subfranchisors.
Clause
53D applies to a franchisor where:
- the
franchisor is proposing to enter into a franchise agreement with a
prospective franchisee (that is, they are a new franchisor)
- a
copy of the disclosure document relating to the franchise is required to be
given to the prospective franchisee under clause 9 of the Code
- the
franchisor has not previously provided information relating to the franchise
for inclusion in the Franchise Disclosure Register under clause 53C
or 53D of the Code and
- if
the franchisor is the master franchisor in a master franchise system—the
master franchise system has 2 or more subfranchisors.
See the Explanatory
Statement for the instrument for further information.
See also Competition and
Consumer (Industry Codes—Franchising) Amendment (Additional Information)
Regulations 2022 [F2022L01445], discussed
below.
|
Registered on Federal Register of Legislation: 11
November 2022 [F2022L01454]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 12 November 2022
Made under: clauses
53C and 53D
of Schedule
1 to the Competition
and Consumer (Industry Codes—Franchising) Regulation 2014
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Competition and Consumer (Industry Codes—Franchising) Amendment (Additional Information) Regulations 2022 [F2022L01445]
Corporations (Relevant Providers Degrees, Qualifications and Courses
Standard) Amendment (2022 Measures No. 2) Determination 2022 [F2022L01402]
Corporations (Transfers of Estate
Assets and Liabilities—Ministerial Consent) Determination 2022 [F2022L01438]
What it does:
|
Other Details:
|
The instrument determines that a voluntary transfer of
estate assets and liabilities between trustee companies does not require
ministerial consent.
Part 5D.6 of the Corporations Act
2001 (the Act) governs Australian Securities and Investments
Commission (ASIC) approved transfers of estate assets and liabilities from
one licensed trustee company to another
Under subsection
601WBA(1) of the Act, ASIC may, in writing, make a determination (a
transfer determination) that there is to be a transfer of estate assets and
liabilities from a specified trustee company to another specified trustee
company. ASIC may make the transfer determination only if the Minister has
consented to the transfer or if the Minister’s consent to the transfer is not
required under section 601WBD.
This instrument removes the requirement for ministerial
consent for voluntary transfers of estate assets and liabilities between
companies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8 November
2022 [F2022L01438]
Tabled in House of Representatives: 9 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 9 November 2022
Made under: the Corporations Act
2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for this instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Currency (Australian Coins)
Amendment (2022 Royal Australian Mint No. 7) Determination 2022 [F2022L01424]
What it does:
|
Other Details:
|
The instrument amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of 2 new
non-circulating coins proposed to be issued by the Royal Australian Mint. It
also makes technical amendments to ensure the Currency (Australian Coins)
Determination 2019 operates as intended.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1 November
2022
Tabled in House of Representatives: 7 November
2022
Tabled in Senate: 21 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 2 November 2022
Made under: subsection 13(2) and section 13A of the Currency Act 1965
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources: none identified
|
Income Tax Assessment (Eligible
State and Territory COVID-19 Economic Recovery Grant Programs) Amendment
Declaration (No. 5) 2022 [F2022L01477]
What it does:
|
Other Details:
|
The instrument amends the Income Tax
Assessment (Eligible State and Territory COVID-19 Economic Recovery Grant
Programs) Declaration 2020 to declare an additional grant program
administered by the Australian Capital Territory as an eligible program for
the purpose of section
59-97 of the Income
Tax Assessment Act 1997 (ITA Act).
- Under
section
59-97 of the ITA Act, a payment received in the 2020-21 or 2021-22
financial year by a small business entity (as defined in that provision) from
an eligible program is non‑assessable, non-exempt income for the
purposes of the ITA Act.
- This
instrument declares the ACT COVID-19 Small Business Hardship Scheme as an
eligible program. The COVID-19 Small Business Hardship Scheme provided
reimbursement, by way of a grant, for eligible businesses for costs incurred
and paid with selected utilities (gas, water and electricity), commercial
rates and commercial vehicle registrations up to the value of $10,000 per
business.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
November 2022 [F2022L01477]
Tabled in House of Representatives: 21 November
2022
Tabled in Senate: 22 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 19 November 2022
Made under: section
59-97 of the Income
Tax Assessment Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Industry Research and Development
(Enhancing Transparency Around Natural Disaster Fundraising Program) Instrument
2022 [F2022L01487]
What it does:
|
Other Details:
|
The instrument prescribes the Enhancing Transparency Around
Natural Disaster Fundraising Program (the Program) for the purposes of section
33 of the Industry
Research and Development Act 1986.
- Treasury
and the Fundraising Institute Australia (FIA) have developed a Fundraising
and Reporting During Natural Disasters Practice Note (practice note) which
provides for minimum conduct standards for charities involved in natural
disaster response and recovery activities. Compliance with the practice note
is mandatory for members of the FIA.
- The
Program provides funding, by way of a grant to FIA, to enable the FIA to
develop and implement a voluntary framework for fundraising and reporting for
charities involved in natural disaster response and recovery activities.
including making the practice note available, by way of the internet, at no
cost, to charities that are not members of the FIA who can choose to become
signatories to the practice note.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 22
November 2022 [F2022L01487]
Tabled in House of Representatives: 23 November
2022
Tabled in Senate: 24 November 2022
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 23 November 2022
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
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Note:
a notice of a motion to disallow a legislative instrument or a provision of a
legislative instrument may be given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before
that House. If, within 15 sitting days of that House after the giving of that
notice, the House passes a resolution, in pursuance of the motion, disallowing
the instrument or provision, then the instrument or provision so disallowed
then ceases to have effect. (Legislation Act 2003, section 42).
Disallowable Instruments Lists for the House and the Senate indicate the number of sitting days remaining in which a
notice to disallow the instrument may be moved.
The
Disallowance Alert 2022 lists all instruments subject to a notice
of motion for disallowance. The progress and eventual outcome of any such
notice is also recorded.
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