12 September 2022

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Daniel Greiss and Scanlon Williams
Law and Bills Digest Section

 

2022 Determination under paragraph 15(1)(b)
What it does: provides, for the purpose of paragraph 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997, that $12,623,225 is the amount determined to be the proportion of costs for the 2019-20 financial year that is attributable to the Australian Competition and Consumer Commission's (ACCC’s) telecommunications functions and powers. Of this amount, $1,599,297 relates to costs incurred on the ACCC’s Measuring Broadband Australia program. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 16 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts Commencement: 17 August 2022
Made under: paragraph 15(1)(b) of the Telecommunications (Carrier Licence Charges) Act 1997
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Aboriginal Land Rights (Northern Territory) Amendment (2022 Measures No.1) Regulations 2022
What it does: amends the Aboriginal Land Rights (Northern Territory) Regulations 2007 to

• prescribe additional areas of township land vested in the Anindilyakwa Land Trust to incorporate additional communities into the Groote region township lease;
• repeal prescriptions of township land to allow for township lease areas to be prescribed by instrument as of 13 December 2022; and
• clarify certain functions of the Executive Director of Township Leasing to confirm that administrative support services can be provided to approved community township leasing entities.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Prime Minister and Cabinet
Commencement: 20 August 2022
Made under: Aboriginal Land Rights (Northern Territory) Act 1976
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• The Aboriginal Land Rights Act, Central Land Council.  
• Anindilyakawa Land Council, Anindilyakawa Land Council Annual report 2020-21, annual report, 9 December 2021.

Accounting Standard AASB 2022-4 Amendments to Australian Accounting Standards – Disclosures in Special Purpose Financial Statements of Certain For-Profit Private Sector Entities
What it does: amends AASB 1054 Australian Additional Disclosures (May 2011) and AASB 1057 Application of Australian Accounting Standards (July 2015) in relation to for-profit private sector entities that are required to prepare financial statements that comply with Australian Accounting Standards. The amendments require that when such entities prepare special purpose financial statements they include disclosures that inform users of the basis upon which those financial statements were prepared.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 5 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 29 June 2022
Made under: Section 334 of the Corporations Act 2001
Regulation Impact Statement: Not required. See page 4 of the Explanatory Statement for the instrument.
Committee comment: None identified
Commentary:

• AASB 2022-4 Amendments to Australian Accounting Standards, Australian Accounting Standards Board, 23 June 2022

Aged Care Legislation Amendment (Financial Information) Principles 2022
What it does: amends the Accountability Principles 2014, the Fees and Payments Principles 2014 (No. 2) and the Information Principles 2014 to increase the financial transparency of approved providers of aged care, enable the Australian Government to better monitor providers and clarify permitted uses of refundable deposits and accommodation bonds. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 6 September 2022
Tabled in House of Representatives: 7 September 2022
Tabled in Senate: 8 September 2022
Administered by: Health and Aged Care
Commencement: 7 September 2022
Made under: Section 96.1 of the Aged Care Act 1997
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Kate Austin, Ilaria Bigaran, Zoe Tripovich, ‘Aged care reform: back on the agenda’, Allens Linklaters (blog), 5 August 2022

Aged Care Legislation Amendment (Improved Home Care Payment Administration) Principles 2022
What it does: amends the Subsidy Principles 2014 and the User Rights Principles 2014 to:

• update the calculation of the shortfall amount paid to approved providers of home care for care recipients who receive the hardship supplement; and
• introduce requirements for providers to detail the care recipient’s home care account balance, and both the Commonwealth portion and care recipient portion of a care recipient’s unspent home care amount in the monthly statement.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: Aged Care Act 1997
Regulation Impact Statement: Not required. See page 4 of the Explanatory Statement for the instrument.
Committee comment: None identified<
Commentary:

• Improved payment arrangements for home care, Department of Health and Aged Care, 11 April 2022

Aged Care Legislation Amendment (Independent Health and Aged Care Pricing Authority) Instrument 2022
What it does: makes technical changes which replace references to the Aged Care Pricing Commissioner with references to the Pricing Authority as a result of the expansion of the Pricing Authority’s functions through amendments in Schedule 8 to the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022. The changes also reflect the need to repeal the Committee Principles 2014 as a result of the changes set out in the Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Act 2021.
(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 11 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 12 August 2022
Made under: Aged Care Act 1997
Regulation Impact Statement: Not required. See page 3 of the Explanatory Statement for the instrument.
Committee comment: None identified
Commentary:

• Residential aged care services and sustainability (Pillar 2 of the Royal Commission response) – Independent Hospital and Aged Care Pricing Authority, Department of Health and Aged Care, 11 May 2021.

Agricultural and Veterinary Chemicals Code (Allowable Variation in Concentrations of Constituents in Agricultural Chemical Products) Standard 2022
What it does: Creates a standard under the Agricultural and Veterinary Chemicals Code for the concentration of active and non-active constituents in agricultural chemical products.
(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 15 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Agriculture, Fisheries and Forestry
Commencement: 16 August 2022
Made under: Section 6E of Schedule 1 to the Agricultural and Veterinary Chemicals Code Act 1994
Regulation Impact Statement: Not required. See page 1 of the Explanatory Statement for the instrument.
Committee comment: None identified
Commentary:

• New legislative instrument, Australian Pesticides and Veterinary Medicines Authority, 23 August 2022

Agricultural and Veterinary Chemicals Code (MRL Standard) Amendment Instrument (No. 6) 2022
What it does: Amends the Agricultural and Veterinary Chemicals Code (MRL Standard) Instrument 2019 to provide and change the maximum residue limits (MRL) for certain food commodities and animal feed commodities, to insert a new compound and associated residue to which a MRL applies, and to insert new substances to which an MRL does not apply.

• maximum residue limit (MRL)means the maximum concentration of a residue resulting from the registered use of an agricultural or veterinary chemical which is legally permitted or recognised as acceptable to be present in or on a food, agricultural commodity or animal feed

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Agriculture, Fisheries and Forestry
Commencement: 20 August 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

 

Amendment of List of Exempt Native Specimens – Commonwealth Eastern Tuna and Billfish Fishery, August 2022
What it does: amends the List of Exempt Native Specimens Instrument 2001 as it relates to the Eastern Tuna and Billfish Fishery. The List sets out native specimens that are exempt from export control under the Environmental Protection and Biodiversity Conservation Act 1999. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 20 August 2022
Made under: paragraph 303DC(1)(a) of the Environmental Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Department of Climate Change, Energy, the Environment and Water (DCCEEW), Assessment of the Commonwealth Eastern Tuna and Billfish Fishery, August 2022

Amendment Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 89 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, allergic contact dermatitis is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Amendment Statement of Principles concerning allergic contact dermatitis (Reasonable Hypothesis) (No. 88 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting allergic contact dermatitis with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Amendment Statement of Principles concerning asthma (Balance of Probabilities) (No. 93 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, asthma is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Amendment Statement of Principles concerning asthma (Reasonable Hypothesis) (No. 92 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting asthma with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Amendment Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 91 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, asthma is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Amendment Statement of Principles concerning conjunctivitis (Reasonable Hypothesis) (No. 90 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting conjunctivitis with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

ASIC Corporations (Amendment) Instrument 2022/775
What it does: amends the ASIC Corporations (Derivative Transaction Reporting Exemption) Instrument 2015/844 to extend the operation of certain conditional exemptions and to exempt spot settlement transactions from transaction reporting requirements and position reporting requirements under the ASIC Derivative Transaction Rules (Reporting) 2013. (See the Explanatory Statement for the instrument for further information).
Registered on Federal Register of Legislation: 5 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 7 September 2022
Administered by: Treasury
Commencement: 6 September 2022
Made under: paragraph 907D(2)(a) of the Corporations Act 2001
Regulation Impact Statement: not required. See page 3 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• ‘Derivative transaction reporting: Upcoming Rules and Exemptions changes’, Australian Securities and Investments Commission (ASIC), 11 May 2022

ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705
What it does: imposes specific financial requirements on Australian financial services (AFS) licensees that are authorised to make a market in over-the-counter (OTC) derivatives to retail clients.

• The Instrument modifies the Corporations Act 2001 by inserting section 912AB, which requires retail OTC derivative issuers to comply with additional provisions set out in the Instrument as part of satisfying the obligation to have adequate financial resources under paragraph 912A(1)(d) of the Corporations Act 2001.
• The Instrument also preserves the effect of Class Order [CO 12/752] Financial requirements for retail OTC derivative issuers (the Class Order), by remaking the Class Order as a legislative instrument, with only minor drafting changes included to reflect ASIC’s current style and format, and to remove redundant provisions and update definitions. The Instrument has been remade for a period of five years. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 7 September 2022
Tabled in House of Representatives: 8 September 2022
Tabled in Senate: not yet tabled
Administered by: Treasury
Commencement: 8 September 2022
Made under: paragraph 926A(2)(c) of the Corporations Act 2001
Regulation Impact Statement: not required. See page 4 of the Explanatory Statement.
Committee comment: none identified
Commentary:

• ASIC remakes ‘sunsetting’ class order on financial requirements for retail OTC derivative issuers, ASIC, 9 September 2022

ASIC Corporations (Incidental Retail Cover) Instrument 2022/716
What it does: This instrument exempts insurers and brokers from retail client obligations under Chapter 7 of the Corporations Act 2001 in limited circumstances where a bundled general insurance contract includes incidental retail cover by permitting the insurer or broker to treat the client as a wholesale client.

• ‘Incidental retail cover’ refers to retail insurance cover provided to a business that forms a minor, incidental, and inseparable part of an otherwise wholesale insurance product.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 15 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 16 August 2022
Made under: paragraphs 926A(2)(c), 951B(1)(c), 992B(1)(c), 994L(2)(c) and 1020F(1)(c) of the Corporations Act 2001
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• 22-222MR ASIC clarifies the treatment of incidental retail cover as part of business insurance contracts, Australian Securities and Investments Commission, 16 August 2022
• David Jacobson, ‘ASIC Incidental Retail Insurance Cover Exemption’, Bright Law (blog), 16 August 2022
• ‘ASIC offers regulatory relief for commercial products with retail cover’, insurancenews.com.au, 18 August 2022

ASIC Corporations (Product Intervention Order Extension—Binary Options) Instrument 2022/779
What it does: declares that ASIC Corporations (Product Intervention Order—Binary Options) Instrument 2021/240, a product intervention order made under subsection 1023D(3) of the Corporations Act 2001 which prohibits the issue and distribution of over-the-counter binary options to retail clients, remains in force until it is revoked (See the Explanatory Statement for the instrument for further information).

• A binary option is a cash-settled, over-the-counter derivative entered into by two counterparties—the binary option issuer and the client. The ‘all-or-nothing’ payout under a binary option contract is determined by the occurrence or non-occurrence of a specified event in a defined timeframe. This can include an event related to movements in the price of a financial product or a market index (for example, the price of gold increasing in 30 seconds) or an economic event (such as a central bank interest-rate decision).

Registered on Federal Register of Legislation: 5 September 2022

Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 7 September 2022
Administered by: Treasury 
Commencement: 6 September 2022
Made under: subsection 1023H(1) of the Corporations Act 2001
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• ‘22-118MR ASIC proposes extending its binary options product intervention order’, Australian Securities and Investments Commission (ASIC), 26 May 2022
• ‘21-064MR ASIC bans the sale of binary options to retail clients’, ASIC, 1 April 2021

ASIC Corporations (Repeal) Instrument 2022/704
What it does: repeals Class Order [CO 12/752] Financial requirements for retail OTC derivative issuers (the Class Order) as it is superseded, upon its commencement, by the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 7 September 2022
Tabled in House of Representatives: 8 September 2022
Tabled in Senate: not yet tabled
Administered by: Treasury
Commencement: 8 September 2022
Made under: paragraph 926A(2)(c) of the Corporations Act 2001
Regulation Impact Statement: not required. See page 4 the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

ASIC Market Integrity Rules (Securities Markets) Determination 2022/787
What it does: maintains ASIC’s policy of determining the allocation of Equity Market Products (EMPs) to Tier 1 and Tier 2 based on a periodic calculation of 2.5% of each product’s average daily value transacted in the preceding six-month period, with EMPs of a value of at least $1 million allocated to Tier 1, and EMPs of a value of at least $500,000 allocated to Tier 2. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 7 September 2022
Tabled in House of Representatives: 8 September 2022
Tabled in Senate: not yet tabled
Administered by: Treasury
Commencement: 10 October 2022
Made under: subrule 6.2.1(4) of the ASIC Market Integrity Rules (Security Markets) 2017  
Regulation Impact Statement: not required. See page 3 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

ASIC Market Integrity Rules (Securities Markets) Repeal Instrument 2022/788
What it does: repeals ASIC Market Integrity Rules (Securities Markets) Determination 2022/482, which will be superseded by ASIC Market Integrity Rules (Securities Markets) Determination 2022/787, which determines ASIC's policy of determining the allocation of Equity Market Products to tiers. (See the Explanatory Statement for the instrument for further information).
Registered on Federal Register of Legislation: 7 September 2022
Tabled in House of Representatives: 8 September 2022
Tabled in Senate: not yet tabled
Administered by: Treasury
Commencement: 10 October 2022
Made under: subrule 6.2.1(4) of the ASIC Market Integrity Rules (Securities Markets) 2017
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Australian Education Amendment (2022 Capital Funding Indexation) Regulations 2022
What it does: amends the Australian Education Regulation 2013 to prescribe the capital funding indexation percentage for block grant authorities for non-government schools in 2022.

• Under the Australian Education Act 2013, capital funding is provided to non-government primary and secondary schools to improve infrastructure, if they do not have enough capital resources. The funding is provided to the relevant block grant authority for such a school.
• The indexation percentage reflects year-on-year movement, from 2020 to 2021, in building prices and wage costs and changes to full-time equivalent student enrolments in non-government schools. Annual indexation ensures the capital funding amount retains its value. (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 5 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 7 September 2022
Administered by: Education
Commencement: 6 September 2022
Made under: subsections 68(3) and 130(1) of the Australian Education Act 2013
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• Capital grants for non-government schools, Department of Education and the Department of Employment and Workplace Relations, 25 January 2022.
• School education: a quick guide to key internet links, Parliamentary Library, 11 June 2021.

Australian Radiation Protection and Nuclear Safety Amendment (2022 Measures No. 1) Regulations 2022
What it does: Amends the Australian Radiation Protection and Nuclear Safety Regulations 2018 to:

• increase licence application fees by 2 per cent so that such fees reflect the actual cost of receiving and assessing applications; and
• make other minor amendments that are machinery in nature to streamline administration of the Act and to make the ARPANS Regulations easier to understand for licence holders.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 9 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 9 August 2022
Made under: Australian Radiation Protection and Nuclear Safety Act 1998
Regulation Impact Statement: None indicated
Committee comment: None identified
Commentary: None identified

 

Banking (prudential standard) determination No. 1 of 2022
What it does: revokes er Banking (prudential standard) determination No. 2 of 2021 and determines a new Prudential Standard APS 220 Credit Risk Management (APS 220).

• APRA is empowered under the Act to issue legally binding prudential standards that set out specific prudential requirements with which authorised deposit-taking institutions (ADIs) must comply.
• Prudential Standard APS 220 Credit Risk Management requires an ADI to control credit risk by adopting prudent credit risk management policies and procedures. Following a three month consultation period, APRA has updated APS 220 to include a new Attachment C which formalises APRA’s toolkit of macroprudential policy credit measures. These are targeted policy tools which can be implemented or removed in response to systemic risks to the financial system.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 23 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 1 September 2022
Made under: Subsections 11AF(1) and 11AF(3) of the Banking Act 1959
Regulation Impact Statement: not required. See page 5 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Biosecurity Amendment (Extension of Non-prescribed Goods) Regulations 2022
What it does: amends the Biosecurity Regulation 2016 to ensure that goods that leave a first point of entry or international mail centre for the purposes of carrying out a biosecurity measure, or for the purposes of being exported, remain subject to biosecurity control (See the Explanatory Statement for the instrument for further information).
Registered on Federal Register of Legislation: 5 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 7 September 2022
Administered by: Agriculture, Fisheries and Forestry 
Commencement: 6 September 2022
Made under: section 645 of the Biosecurity Act 2015
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Cape Leeuwin Lighthouse Heritage Management Plan 2022
What it does: The Plan provides for the future management of the Cape Leeuwin Lighthouse by the Australian Maritime Safety Authority, with the objective of identifying, protecting, conserving, presenting and transmitting its Commonwealth heritage values. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 11 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
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 12 August 2022.
Made under: section 341S of the Environmental Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

CASA 38/22 — Prescription and Approval of Singapore as a Recognised Foreign State Instrument 2022
What it does: approves and prescribes Singapore as a recognised foreign State for the purposes of the Part 133 Manual of Standards and Part 61 of the Civil Aviation Safety Regulations 1998, so that Australian operators can apply to use flight simulation training devices located in Singapore.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 20 August 2022
Made under: Regulation 61.047 of the Civil Aviation Safety Regulations 1998 and the Part 133 Manual of Standards.
Regulation Impact Statement: not required. See page 3 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

CASA ADCX 004/22 - Repeal of Airworthiness Directive AD/A320/20
What it does: This instrument repeals AD/A320/20 - Overwing Escape Slide, which applied to Airbus A320 Series Aeroplanes. The repeal is being made because the requirements of AD/A320/20 have been cancelled by European Aviation Safety Authority AD 2022-0160-CN issued on 4 August 2022 with an effective date of 4 August 2022. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 24 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 26 August 2022
Made under: Regulation 39.001(1) of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• AD 2022-0160-CN, European Union Aviation Safety Agency, 4 August 2022

CASA EX49/22 — Multi-Engine Helicopters Exemption 2022
What it does: grants various exemptions to certain pilots, flight instructors, flight examiners, Australian air transport operators, aerial work operators, aircraft maintainers and other helicopter operators to enable pilots to operate certain multi-engine helicopters. 

• The holder of an aircraft class rating is authorised to exercise the privileges of the rating in an aircraft of a type mentioned in the Civil Aviation Safety Regulations 1998 (CASR) only if the holder has completed the flight training and a flight review. CASR defines class of aircraft to include the class of multi-engine aeroplanes. However, it does not include a class of aircraft for multi-engine helicopters. All multi-engine helicopters are prescribed with a type rating.
• The Civil Aviation Safety Authority proposes to amend the CASR to include a multi‑engine helicopter class rating system. The purpose of this instrument is, in the meantime, to enable pilots to operate certain multi-engine helicopters in a similar system. 

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 31 August 2022
Made under: Regulation 11.160 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 22 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• Multi-engine helicopters exemption, Civil Aviation Safety Authority, 31 August 2022

CASA EX60/22 — Hang Gliding and Paragliding Operations Within Active Restricted Airspace (Hooley Dooley) Exemption 2022
What it does: Allows pilots who are members of both the Newcastle Paragliding Club Incorporated and the Sports Aviation Federation of AustraliaLimited to operate a hang glider or paraglider within military restricted airspace at Williamtown, New South Wales, in accordance with an agreement with the controlling authority for the restricted airspace, the Williamtown Defence authority. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 11 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 12 August 2022
Made under: Regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 5 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

CASA EX61/22 — Amendment of CASA EX81/21 (Carriage of Observers on Flight Tests and Proficiency Checks) Instrument (No. 1) 2022
What it does: The purpose of this instrument is to insert a number of additional exemptions into CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

• Generally, anyone on board an aircraft is considered to be a passenger unless they are a crew member. Different, and necessarily more restrictive, rules apply to passengers. However, from time to time it is necessary for persons to be on board who are nominally passengers but are there to perform an aviation-related role not directly related to the actual purpose of the flight.
• The purpose of the exemptions instrument is to address a gap pending further amendments to Part 91, likely to be in force in 2023. Part 91 is a comprehensive code of general flight and operational safety rules for Australian-registered aircraft wherever located, and for foreign-registered aircraft in Australian territory. Part 91 contains the baseline rules for ‘private operations’. It commenced on 2 December 2021.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 11 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 12 August 2022
Made under: Regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998
Regulation Impact Statement: not required. See page 6 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

CASA EX65/22 — Maintenance on Limited Category and Experimental Aircraft Exemption 2022
What it does: Allows for the conduct of certain kinds of maintenance on a limited category or experimental aircraft, regardless of whether the maintenance is covered by a design standard. The exemption in the instrument alleviates a burden on industry where, for a unique limited category or experimental aircraft, no design standard exists for the maintenance, such that but for the exemption, maintenance on such aircraft would not be able to be carried out. The instrument replaces, with a minor amendment, instrument CASA EX55/20 — Maintenance on Limited Category and Experimental Aircraft Exemption 2020, which would otherwise be repealed at the end of 31 March 2023.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 19 August 2022
Made under: Regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 6 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

CASA EX68/22 – Amendment of CASA EX66/21 (Significant Change Approval Requirements – Part 141 Operators and Relevant Part 142 Operators) Instrument 2022
What it does: Amends CASA EX66/21 — Flight Crew Licensing (Miscellaneous Exemptions) Exemption 2021 (the principal instrument) to create an exemption for certain persons from the requirement to obtain the Civil Aviation Safety Authority’s (CASA) approval for a significant change before adding aircraft to their fleet of training aircraft that are the same kind, or similar in kind, as aircraft they are already using to conduct training. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Foreign Affairs and Trade
Commencement: 1 September 2022
Made under: Regulation 11.160 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 6 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified.

 

CASA EX73/22 — Amendment of (ADS-B OUT Equipment on Ferry Flights in Certain Foreign-Registered Aircraft) Instrument 2022 (No. 2)
What it does: amends the CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 to insert a number of additional exemptions designed to facilitate certain kinds of foreign aircraft ferry flights into and out of Australia. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 6 September 2022
Tabled in House of Representatives: 7 September 2022
Tabled in Senate: 8 September 2022
Administered by: Health and Aged Care
Commencement: 6 September 2022
Made under: Regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998
Regulation Impact Statement: not required. See page 6 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Charter of the United Nations (Listed Persons and Entities) Amendment (No. 1) Instrument 2022
What it does: lists 7 persons and 6 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 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: 17 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Foreign Affairs and Trade
Commencement: 16 September 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.
Committee comment: None identified
Commentary:

• Leah Ferris, Australian sanctions law, Quick guide, (Canberra: Parliamentary Library, 24 August 2022)
• Counter-Terrorism (UNSC 1373) sanctions regime, Department of Foreign Affairs and Trade.

Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955—List of Acts of the Western Australian Parliament for the period 1 October 2021 to 31 March 2022
What it does: The Australian Government, through the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, administers the Indian Ocean Territories of Christmas Island and the Cocos (Keeling) Islands. The Christmas Island Act 1958 (subsection 8A(1)) and the Cocos (Keeling) Islands Act 1955 (subsection 8A(1)) apply Western Australian law to the two territories.

• Both Acts require, every six months, the Minister for Regional Development, Local Government and Territories to table a list of WA Acts that are wholly or partly in force in the territories on the day specified in the list, which have not been specified in a previous list (section 8B of both Acts). A notice of motion can then be moved in either Chamber to terminate the operation of one or more of the listed WA Acts in either territory (section 8C of both Acts).
• The Minister, Kirsty McBain, has tabled a list of relevant WA Acts for the period 1 October 2021 to 31 March 2022. The list contains 20 Acts.

Registered on Federal Register of Legislation: The list of Acts tabled by the Minister is not itself a disallowable instrument and therefore is not registered on the Federal Register of Legislation.
Tabled in House of Representatives: 5 September 2022 
Tabled in Senate: 5 September 2022
Administered by: Regional Development, Local Government and Territories
Commencement: See the specified Acts for individual commencement details
Made under: the Minister tables the list under section 8B of the Christmas Island Act 1958 and section 8B of the Cocos (Keeling) Islands Act 1955 (subsection 8A(1))
Regulation Impact Statement: Nil.
Committee comment: None identified
Commentary: None identified

 

Christmas Island Utilities and Services (Electricity Supply and Services Fees) Amendment (2022 Measures No. 2) Determination 2022
What it does: amends the Christmas Island Utilities and Services (Electricity Supply and Services Fees) Determination 2016 to update the fees in relation to the supply of utilities and services in relation to the supply of electricity on Christmas Island. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 1 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 1 September 2022
Made under: Paragraph 7(2)(a) of the Christmas Island Utilities and Services Ordinance 2016
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Coastal Trading (Revitalising Australian Shipping) Regulations 2022
What it does: repeals and replaces the Coastal Trading (Revitalising Australian Shipping) Regulation 2012, which are due to sunset on 1 October 2022. This instrument supplements the requirements provided in the Coastal Trading (Revitalising Australian Shipping) Act 2012 by providing licencing and fee requirements, and the special circumstances for an energy security situation. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 8 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 9 August 2022
Made under: Section 113 of the Coastal Trading (Revitalising Australian Shipping) Act 2012
Regulation Impact Statement: Not required. See page 3 of the Explanatory Statement
Committee comment: None identified
Commentary: None identified

 

Cocos (Keeling) Islands Utilities and Services (Electricity Supply and Services Fees) Amendment (2022 Measures No. 2) Determination 2022
What it does:  amends the Cocos (Keeling) Islands Utilities and Services (Electricity Supply and Services Fees) Determination 2016 to update the fees payable in relation to the supply of electricity and the supply of services related to electricity supply on the Cocos (Keeling) Islands. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 31 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 1 September 2022
Made under: Section 113 of the Coastal Trading (Revitalising Australian Shipping) Act 2012
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Currency (Australian Coins) Amendment (2022 Royal Australian Mint No. 5) Determination 2022
What it does: This instrument amends the Currency (Australian Coins) Determination 2019 to determine the characteristics of 10 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: 10 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 11 August 2022
Made under: Section 26 of the Currency Act 1965
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Customs (Prohibited Exports) Amendment (Liquefied Natural Gas) Regulations 2022
What it does: amends the Customs (Prohibited Exports) Regulations 1958 (PE Regulations) to extend the operation of the Australian Domestic Gas Security Mechanism to 1 January 2030.

• The Australian Domestic Gas Security Mechanism is a framework in the PE Regulations for restrictions on the export of liquefied natural gas (LNG) from LNG projects where the Resources Minister has determined there is a reasonable prospect of a supply shortage in the domestic market. When the Resources Minister makes a legislative instrument invoking the framework, the export of LNG requires a permission from the Resources Minister. The permission may have conditions attached with which the holder must comply, such as the annual volume of LNG that can be exported. The volume of LNG exporters are allowed to export will take into account expected market needs, and factors driving any shortfall including the extent to which LNG projects are contributing to such an outlook.

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Home Affairs
Commencement: 19 August 2022
Made under: Section 112 of the Customs Act 1901
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Leah Ferris, The Australian Government’s ability to restrict gas exports, Quick guide, (Canberra: Parliamentary Library, 24 June 2022)
• Australian Competition and Consumer Commission (ACCC), Gas inquiry 2017-2025, Inquiry, (Canberra: ACCC, 1 September 2022)
• Su-lin Tan, ‘Potential curb on Australian LNG exports is another blow to Asia-Pacific gas markets’, CNBC, 7 August 2022
• Sonali Paul, ‘Santos confident Australia will not trigger gas export curbs’, Reuters, 17 August 2022

Defence (Payments to ADF Cadets) Determination 2022
What it does: repeals the Defence (Payments to ADF Cadets) Determination 2019 to reflect the new administrative arrangement. This instrument sets out the authority and conditions for payments and other pecuniary benefits to or for officers of cadets, instructors of cadets, or in respect of members of the families of officers, instructors and cadets. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Defence
Commencement: 19 August 2022
Made under: subsection 62B(1) of the Defence Act 1903
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Defence Determination, Conditions of Service Amendment Determination 2022 (No. 12)
What it does: amends the Defence Determination 2016/19, Conditions of service to extend the salary non-reduction for Army Royal Australian Engineer Geomatic Technicians to 31 January 2024, amend the rate of allowances for members posted to a remote location, provide a housing entitlement to a member for their adult child, include approved summer schools for members posted to Laos, provide transitional provisions as well as miscellaneous other amendments. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 31 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Defence
Commencement: Schedules 1, and 3 to 6 commence on 1 September 2022. Schedule 2 commences 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

 

Financial Framework (Supplementary Powers) Amendment (Employment and Workplace Relations Measures No. 1) Regulations 2022
What it does: amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on certain activities administered by the Department of Employment and Workplace Relations. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: 19 August 2022
Made under: Section 65 of the Financial Framework (Supplementary Powers) Regulations 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Financial Framework (Supplementary Powers) Amendment (Infrastructure, Transport, Regional Development, Communications and the Arts Measures No. 1) Regulations 2022
What it does: amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on the Automatic Dependent Surveillance Broadcast (ADS-B) Rebate Program administered by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: 19 August 2022
Made under: Section 65 of the Financial Framework (Supplementary Powers) Regulations 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Financial Framework (Supplementary Powers) Amendment (Treasury Measures No. 1) Regulations 2022
What it does: amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on Youpla Group Funeral Benefits Program administered by the Department of the Treasury. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: 19 August 2022
Made under: Section 65 of the Financial Framework (Supplementary Powers) Regulations 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Financial Framework (Supplementary Powers) Amendment (Veterans’ Affairs Measures No. 2) Regulations 2022
What it does: amends the Financial Framework (Supplementary Powers) Regulations 1997 to establish legislative authority for government spending on Australian Kookaburra Kids Foundation Incorporated, Australian International Military Games and the Veterans’ Chaplaincy Program.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: 19 August 2022
Made under: Section 65 of the Financial Framework (Supplementary Powers) Regulations 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement
Committee comment: None identified
Commentary: None identified

 

Financial Sector (Collection of Data) (reporting standard) determination No. 11 of 2022
What it does: determines Reporting Standard ARS 223.0 Residential Mortgage Lending and revokes the Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2022. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: 19 August 2022
Made under: Section 65 of the Financial Framework (Supplementary Powers) Regulations 1997
Regulation Impact Statement: not required. See page 5 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Fisheries Management (Logbooks for Fisheries) Determination 2022
What it does: The Australian Fisheries Management Authority (AFMA) manages Commonwealth fisheries. Under section 7 of the Fisheries Administration Act 1991, AFMA has the function of establishing and allocating fishing concessions in Commonwealth fisheries. AFMA may require holders of fishing concessions to keep a logbook containing information about their activities in the relevant fishery (subsection 42(1) of the Fisheries Management Act 1991). The Fisheries Management (Logbooks for Fisheries) Determination 2022 repeals the previous logbook determination and replaces it with a new determination setting out the requirements for logbooks in the different fisheries, including by allowing electronic logbook submissions for additional Commonwealth fisheries. (See the Explanatory Statement for the instrument for further information.)  
Registered on Federal Register of Legislation: 17 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Agriculture, Fisheries and Forestry
Commencement: 18 August 2022
Made under: section 42 of the Fisheries Management Act 1991 
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement) 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Logbooks and catch disposal records, AFMA
• Information sourced from logbooks for Commonwealth fisheries is available from AFMA
• Reported annual fishing effort from Commonwealth fisheries logbooks, Research Data Australia
• Part 3 Fishery reports, AFMA

Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Amendment Direction No. 1 2022
What it does: The Australian Fisheries Management Authority (AFMA) manages Commonwealth fisheries. Subsection 41A(2) of the Fisheries Management Act 1991 provides that AFMA may, after consultation with the Management Advisory Committee for a Fishery, direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods.
In March 2021 AFMA issued the Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Direction 2021 (2021 Direction), which set out prohibitions and restrictions applying to the Northern Prawn Fishery. As currently relevant paragraph 8(1)(a) of the 2021 Direction provided that fishing for scampi was prohibited between 1 April 2021 and 10.30pm on November 2021. The Fisheries Management (Northern Prawn Fishery Limited-take and Prohibited-take Species) Amendment Direction No. 1 2022 replaces that prohibition with a new prohibition on fishing for scampi from 18 August 2022 to 10.30pm on 30 November 2022. AFMA advises that the determination accords with the Northern Prawn Fishery Harvest Strategy, which  requires fishing for scampi to cease when catch levels reach specified trigger values (30 tonnes for the 12-month period beginning 1 December 2021). This trigger has been reached during fishing in July 2022. (See the Explanatory Statement for the instrument for further information.) 
Registered on Federal Register of Legislation: 17 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Agriculture, Fisheries and Forestry
Commencement: 18 August 2022
Made under: subsection 41A(3) of the Fisheries Management Act 1991
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement) 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Northern Prawn Fishery, Department of Agriculture, Fisheries and Forestry
• Northern Prawn Fishery - Directions and Closures 2022, AFMA
• Management of Commonwealth Fisheries, Australian National Audit Office

Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022
What it does: The Australian Fisheries Management Authority (AFMA) manages Commonwealth fisheries. Subsection 41A(2) of the Fisheries Management Act 1991 provides that AFMA may, after consultation with the Management Advisory Committee for a Fishery, direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods. In June 2021 AFMA issued the Fisheries Management (Northern Prawn Fishery Seasonal Closures) Direction 2021 (2021 Direction), which set out prohibitions and restrictions applying to the Northern Prawn Fishery. As currently relevant, subsection 11(3) of the 2021 Direction prohibited fishing in the Northern Prawn Fishery between 10.30pm on 20 November 2021 and 10pm on 30 November 2021. The Fisheries Management (Northern Prawn Fishery Seasonal Closures) Amendment Direction No. 2 2022 replaces that prohibition with a new prohibition on fishing in the Northern Prawn Fishery between 10pm on 31 October 2022 and 10pm on 30 November 2022. In addition, it sets out a new prohibition on fishing in a specified area of the Northern Prawn Fishery (see Schedule 2 of the 2021 Direction) between 10.30pm on 31 October 2022 and 10.30pm on 30 November 2022. 
AFMA advises that the early closure of the Northern Prawn Fishery ‘is the most effective way of removing access to the tiger prawn fishery to protect tiger prawn stocks and maximise profits in the fishery’. (See the Explanatory Statement for the instrument for further information.) 
Registered on Federal Register of Legislation: 17 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Agriculture, Fisheries and Forestry
Commencement: 18 August 2022
Made under: subsection 41A(3) of the Fisheries Management Act 1991 
Regulation Impact Statement: not required (see page 2 of the Explanatory Statement) 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Northern Prawn Fishery, Department of Agriculture, Fisheries and Forestry 
• Northern Prawn Fishery - Directions and Closures 2022, AFMA
• Management of Commonwealth Fisheries, Australian National Audit Office

Health Insurance (General Practice COVID-19 Treatment) Amendment Determination (No. 1) 2022
What it does: The Health Insurance (General Medical Services Table) Regulations 2021 (General Medical Services Table) underpins the Medicare Benefits Schedule , which sets out the services that Medicare covers and any conditions that must be met in order for a service to be covered. Subsection 3C(1) of the Health Insurance Act 1973 allows  the Minister to determine that a health service that is not specified in the General Medical Services Table is to be treated (in specified circumstances) as though it was included in the Table. On 18 July 2022, a delegate of the Minister made the Health Insurance (General Practice COVID-19 Treatment) Determination 2022 (July 2022 determination) which introduced two new general practice phone items for determining a patient’s eligibility to receive oral antiviral medication for the effective treatment of COVID-19. These are temporary items that are only available until 31 October 2022. Subsection 7(2) of the July 2022 Determination provided that those items could only be delivered by a medical practitioner (other than a specialist or consultant physician) who:

1. is located at a medical practice with capacity for in person assessment here appropriate; or
2. has a formal agreement with a medical practice to provide personal attendance services.

The Health Insurance (General Practice COVID-19 Treatment) Amendment Determination (No. 1) 2022 amends subsection 7(2) of the July 2022 determination to remove the italicised words. The result is that any medical practitioner, including a specialist or consultant physician must meet the conditions set out in paragraphs (a) and (b). The Government advises that this will align the provision with the policy intention of the new temporary phone items. (See the Explanatory Statement for the instrument for further information.) 
Registered on Federal Register of Legislation: 9 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 10 August 2022
Made under: subsection 3C(1) of the Health Insurance Act 1973 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Medicare assessment for COVID-19 oral anti-viral medications by telephone, Department of Health and Aged Care

Health Insurance Legislation Amendment (2022 Measures No. 3) Regulations 2022
What it does:
Schedule 1 of the Health Insurance Legislation Amendment (2022 Measures No. 3) Regulations 2022 (the disallowable Regulations) amends the Health Insurance (General Medical Services Table) Regulations 2021, which sets out items of general medical services and their fees. The amendments implement changes to the General Medical Services Table (GMST) announced in the Medicare – Medical Benefits Schedule new and amended listings measure in the 2022-23 Budget (pp.65–66).
Schedule 2 of the disallowable Regulations amends the Health Insurance (Diagnostic Imaging Services Table) Regulations (No. 2) 2020, which sets out items of diagnostic imaging services and their fees. The amendments implement changes to the Diagnostic Imaging Services Table (DIST) announced in three measures announced in the 2022-23 Budget—the Women’s Health Package (pp. 83–85), the Guaranteeing Medicare – Medical Benefits Schedule new and amended listings (pp. 65–66) and the Guaranteeing Medicare – supporting rural health – improved patient access to magnetic resonance imaging (pp. 64–65).
Schedule 3 of the disallowable Regulations amends the Health Insurance (Pathology Services Table) Regulations 2020, which set out items of pathology services and their fees. The amendment makes changes to pathology services, including by introducing new genetic testing items for the diagnosis of neuromuscular disorders. 
Section 28 of the Health Insurance Regulations 2018 sets out services for which the Medicare benefit is 100% of the Medicare Benefits Schedule (MBS). Schedule 4 of the disallowable Regulations amends section 28 to allow additional items to receive a Medicare Benefit of 100%. Schedule 4 will also update references to dental specialities.
Schedule 5 of the disallowable Regulations ensures that indexation is applied to all clauses of the GMST. This addresses an oversight in the Health Insurance Legislation Amendment (2022 Measures No. 1) Regulations 2022, which did not apply indexing to clause 2.30.1 of the GMST, which deals with  attendance by a GP at an aged care facility. This amendment will apply from 1 July 2022, to ensure the indexation applies to this service, as was intended from the outset.
See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 22 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: Schedules 1 to 4 commence on1 November 2022; Schedule 5 commences on 1 July 2022
Made under: subsection 4(1), section 4AA, section 4A and subsection 133(1) of the Health Insurance Act 1973 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• MBS Online - November 2022, Department of Health and Aged Care

Health Insurance (Professional Services Review Scheme) Amendment (2022 Measures No. 3) Regulations 2022
What it does: Part VAA of the Health Insurance Act 1973 (HIA) sets out the Professional Services Review (PSR) Scheme, which can review and investigate the provision of services by a person to determine whether the person has engaged in inappropriate practice. Subsection 82(1A) provides that a practitioner engages in inappropriate practice in rendering or initiating services during a particular period (the relevant period) if the circumstances in which some or all of the services were rendered or initiated constitute a prescribed pattern of services. Circumstances in which services rendered or initiated by a medical practitioner constitute a prescribed pattern of services are prescribed in the Health Insurance (Professional Services Review Scheme) Regulations 2019 and include provision that a medical practitioner is taken to have engaged in inappropriate practice if they have rendered or initiated 30 or more ‘relevant phone services’ on each of 20 or more days in a 12 month period (referred to as the 30/20 rule). The 30/20 rule was introduced on 1 July 2022.
The Health Insurance (Professional Services Review Scheme) Amendment (2022 Measures No. 3) Regulations 2022 makes amendments to temporarily remove the 30/20 rule, in recognition that practitioners may be required to temporarily render more phone services as COVID-19 infections increase across the community. This amendment will commence retrospectively on 1 July 2022, to temporarily cease the introduction of the 30/20 rule. The Government’s intention is that this rule will recommence on 1 October 2022. (See the Explanatory Statement for the instrument for further information.) 
Registered on Federal Register of Legislation: 9 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 July 2022
Made under: section 82A of the Health Insurance Act 1973 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• MBS Online - July 2022 News, Department of Health and Aged Care

Health Insurance (Section 3C Co-Dependent Pathology Services) Amendment Determination (No. 4) 2022
What it does:  The instrument will enable Medicare benefits to be payable for testing to determine BRCA1 or BRCA2 status for eligibility to access niraparib in addition to olaparib under the Pharmaceutical Benefits Scheme (PBS) from 1 September 2022.
Registered on Federal Register of Legislation: 22 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: subsection 3C(1) of the Health Insurance Act 1973 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Pharmaceutical Benefits Advisory Committee (PBAC) meeting outcomes: March 2022 PBAC meeting, PBAC

Health Insurance (Section 3C Diagnostic Imaging – Nuclear Medicine Services) Amendment (PET and Technetium-99m) Determination 2022
What it does:  The instrument will enable medical practitioners to be more responsive and better able to reschedule patients to use positron emission tomography (PET) imaging services, during supply disruptions of the radiopharmaceutical technetium-99m (Tc-99m), to enable continuity of patient care. The amendments implement changes announced in the Medicare – Medical Benefits Schedule new and amended listings measure in the 2022-23 Budget (pp. 65–66). The amendment will also repeal a number of items which are no longer regarded as required. The Explanatory Statement states that the changes were approved by the  Medical Services Advisory Committee (MSAC) Executive at its 29 October 2021 meeting.
Registered on Federal Register of Legislation: 22 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection 3C(1) of the Health Insurance Act 1973
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.

 

Health Insurance (Section 3C General Medical – Expansion of GP and Allied Health Mental Health Services) Amendment (Fee Alignment) Determination 2022
What it does:  This instrument is related to the Health Insurance (Professional Services Review Scheme) Amendment (2022 Measures No. 3) Regulations 2022, discussed above. As set out above, Schedule 4 of those Regulations will allow additional items to receive a Medicare Benefit of 100%. The Health Insurance (Section 3C General Medical – Expansion of GP and Allied Health Mental Health Services) Amendment (Fee Alignment) Determination 2022 will make amendments to the scheduled fee prescribed for those services in to ensure that the benefit paid for these services remains unchanged from 1 November 2022. See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection 3C(1) of the Health Insurance Act 1973
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• MBS Online - November 2022, Department of Health and Aged Care

Health Insurance (Section 3C General Medical Services - Other Medical Practitioner) Amendment (Practice Incentives Program Consultation Items) Determination 2022
What it does:  This instrument will repeal redundant consultation items used for calculating the Practice Incentive Program, for non-specialist practitioner attendances, in relation to Asthma, Cervical Screening and Diabetes. These incentive payments ceased on 31 July 2019. The changes in the instrument were announced in the Guaranteeing Medicare – Medical Benefits Schedule new and amended listings measure in the 2022-23 Budget (pp. 65–66). See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 November 2022
Made under: subsection 3C(1) of the Health Insurance Act 1973 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• MBS Online - November 2022, Department of Health and Aged Care

High Court (2023 Sittings) Rules 2022
What it does: appoints the sittings of the Full Court of the High Court at Canberra and other places for 2023.  Where required, and if practicable, sittings of the Court will continue to be held in Adelaide, Brisbane, Darwin, Hobart and Perth.  Additional sittings of the Full Court may also be held on other days as required, for example in matters requiring expedition. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 22 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Attorney-General’s
Commencement: 23 August 2022
Made under: section 86 of the Judiciary Act 1903
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Higher Education (Disclosure of Information to Other Bodies) Amendment Determination 2022
What it does: amends the Higher Education (Disclosure of Information to Other Bodies) Determination 2013 to list the Australian Institute of Health and Welfare (AIHW) and the Australian Institute for Teaching and School Leadership Limited (AITSL) as bodies or associations for the purpose of paragraph 180-25(3)(d) of the Act. This  will enable the Secretary to disclose HESA information to persons employed or engaged by AIHW or AITSL, to support the Australian Teacher Workforce Data (ATWD) collection, a collaborative initiative supported by all states and territories to collect and link initial teacher education (ITE) data with teacher workforce data to provide a longitudinal picture of the national workforce, support workforce planning and inform policy development. See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 5 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Education
Commencement: 6 August 2022
Made under: subsection 180.25(4) of the Higher Education Support Act 2003
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Higher Education Support Provider (EQUALS International (Aust) Pty Ltd) Approval 2022
What it does: approves EQUALS International (Aust) Pty Ltd as a higher education provider for the purposes of the Act and notifies EQUALS International of its approval.

• As an approved higher education provider, EQUALS International is eligible to receive certain grants made under the Act and its students are eligible to receive certain financial assistance from the Commonwealth. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Education
Commencement: 30 August 2022
Made under: section 16.25 and paragraph 16.50(1)(b) of the Higher Education Support Act 2003.
Regulation Impact Statement: not required.  See page 1 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Income Tax Assessment (Eligible State and Territory COVID-19 Economic Recovery Grant Programs) Amendment Declaration (No. 4) 2022
What it does: declares additional grant programs administered by states and territories as eligible programs for the purpose of section 59.97 of the Income Tax Assessment Act 1997, under which a payment received in the 2020-21 or 2021-22 financial year by a small or medium business entity (as defined in that provision) from an eligible program is non‑assessable non-exempt income.

• As part of ongoing responses to the Coronavirus pandemic, governments of states and territories are providing grants to certain businesses to help them manage the impacts of the pandemic on their business. The Act provides that payments received by eligible businesses under grant programs, which have been declared as eligible programs by the Treasurer, are non-assessable non-exempt income. The effect of this is that these payments are not subject to income tax by the Commonwealth.
• The Declaration declares grant programs as eligible programs, enabling payments received under the programs to be treated as non-assessable non-exempt income and not be subject to income tax by the Commonwealth. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 25 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 26 August 2022
Made under: subsection 59.97(3) of the Income Tax Assessment Act 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary:

• The tax status of COVID-19 grants [updated], TaxBanter, 29 August 2022.

Industrial Chemicals Charges (Customs) Amendment Regulations 2022
What it does: reduces, based on the value of relevant industrial chemicals imported or manufactured by the person in the previous financial year, the amount of registration charge payable within the existing eight-level charging structure prescribed in the Industrial Chemicals Charges (Customs) Regulations 2020 from 1 September 2022, by persons registered under the Industrial Chemicals Act 2019. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: paragraph 21(a) of the Industrial Chemicals Act 2019 and paragraph 7(1)(a) of the Industrial Chemicals Charges (Customs) Act 2019
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Industrial Chemicals Charges (Excise) Amendment Regulations 2022
What it does: reduces, based on the value of relevant industrial chemicals imported or manufactured by the person in the previous financial year, the amount of registration charge payable within the existing eight-level charging structure prescribed in the Industrial Chemicals Charges (Excise) Regulations 2020 from 1 September 2022, by persons registered under the Industrial Chemicals Act 2019. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: paragraph 21(b) of the Industrial Chemicals Act 2019 and paragraph7(1)(a) of the Industrial Chemicals Charges (Excise) Act 2019
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Industrial Chemicals Charges (General) Amendment Regulations 2022
What it does: reduces, based on the value of relevant industrial chemicals imported or manufactured by the person in the previous financial year, the amount of registration charge payable within the existing eight-level charging structure prescribed in the Industrial Chemicals Charges (General) Regulations 2020 from 1 September 2022, by persons registered under the Industrial Chemicals Act 2019. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: paragraph 21(c) of the Industrial Chemicals Act 2019 and paragraph 7(1)(a) of the Industrial Chemicals Charges (General) Act 2019
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Insurance (prudential standard) determination No. 5 of 2022
What it does: revokes Insurance (prudential standard) determination No. 1 of 2022  and replaces them with revised Prudential Standard GPS 001. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 16 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 22 August 2022
Made under: subsections 32(4) and 32(1) of the Insurance Act 1973
Regulation Impact Statement: not required. See page 4 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

International Organisations (Privileges and Immunities) (Declaration of Organisation for Joint Armament Co-operation Related Meetings) Regulations 2022
What it does: confers privileges and immunities to participants in the Organisation for Joint Armament Co-operation (OCCAR) related meetings held in Australia for 12 months after the commencement of the instrument.

• OCCAR is a European inter-governmental organisation that manages cooperative arms procurement and support. As a non-Member participating State, Australia plays a role in hosting OCCAR related meetings to support Australian Defence capability projects.
• The Regulations will confer privileges and immunities which are equivalent to those conferred on diplomatic agents in Australia to specified categories of OCCAR personnel and representatives of countries other than Australia. The key privileges and immunities include: personal inviolability; immunity from Australian jurisdiction; inviolability of papers, correspondence and property; and tax exemptions (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 5 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 7 September 2022
Administered by: Foreign Affairs and Trade
Commencement: 6 September 2022
Made under: sections 5A, 7 and 13 of the International Organisations (Privileges and Immunities) Act 1963
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• Framework Agreement between the Government of Australia and the Organisation for Joint Armament Cooperation (Organisation Conjointe de Coopération en Matière d’Armement (OCCAR)) for the Participation of Australia in OCCAR-Managed Programmes, signed 5 February 2021, [2022] ATS 3, (entered into force for Australia, 25 January 2022).
• Joint Standing Committee on Treaties (JSCOT), Report 197: OCCAR Managed Programmes Participation Agreement; Minamata Convention on Mercury, (Canberra: JSCOT, 2021)
• Leah Ferris, ‘International Organisations (Privileges and Immunities) Amendment Bill 2013’, Bills digest, 134, 2012–13, (Parliamentary Library: Canberra, 2013)

International Organisations (Privileges and Immunities) (Conference of the Parties to the United Nations Framework Convention on Climate Change) Regulations 2022
What it does: confers privileges and immunities on the Conference of the Parties of the United Nations Framework Convention on Climate Change (COP) and certain participants attending international conferences convened by the COP to support upcoming meetings in Australia

• Australia is scheduled to host the United Nations Framework Convention on Climate Change (UNFCCC) Secretariat and Standing Committee on Finance (SCF) Forum on Financing Nature Based Solutions from 26 to 28 September 2022, and a formal SCF meeting from 30 September to 1 October 2022 in Cairns (collectively the Forum).
• The Regulations will declare the COP to be an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 applies. The regulations will also confer juridical personality and legal capacities on the COP and confer limited privileges and immunities on the organisation; its organs, other bodies, committees and sub-committees; its representatives and officers; as well as attendees at an international conference convened by the COP, including the Forum and future COP meetings. (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Foreign Affairs and Trade
Commencement: 3 September 2022
Made under: sections 5, 6 and 13 of the International Organisations (Privileges and Immunities) Act 1963
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary:

• United Nations Framework Convention on Climate Change, opened for signature 9 May 1992, ATS [1994] 2 (entered into force for Australia 21 March 1994)
• Laurence Boisson de Chazournes, United Nations Framework Convention on Climate Change, (New York: United Nations Audiovisual Library of International Law, 2008)
• Dr James Prest, ‘Climate Change Bill 2022 [and] Climate Change (Consequential Amendments) Bill 2022’, Bills digest, 12, 2022-23, (Parliamentary Library: Canberra, 2013)
• Leah Ferris, ‘International Organisations (Privileges and Immunities) Amendment Bill 2013’, Bills digest, 134, 2012–13, (Parliamentary Library: Canberra, 2013)

List of Threatened Ecological Communities Amendment (EC178) Instrument 2022
What it does: amends the Declaration under section 178, section 181, and section 183 of the Environment Protection and Biodiversity Conservation Act 1999 to include Dunn’s white gum (Eucalyptus dunnii) moist forest in north-east New South Wales and south-east Queensland in the Endangered category. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 11 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 12 August 2022
Made under: Paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

List of Threatened Ecological Communities Amendment (EC181) Instrument 2022
What it does: amends the Declaration under section 178, section 181, and section 183 of the Environment Protection and Biodiversity Conservation Act 1999 to include Grey box-grey gum wet forest of subtropical eastern Australia in the Endangered category. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 10 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 11 August 2022
Made under: Paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

List of Threatened Species Amendment (Calyptorhynchus lathami lathami (314)) Instrument 2022
What it does: amends the Declaration under section 178, section 181, and section 183 of the Environment Protection and Biodiversity Conservation Act 1999 to include Calyptorhynchus lathami lathami in the Vulnerable category. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 9 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 10 August 2022
Made under: Paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

List of Threatened Species Amendment (Liopholis montana (313)) Instrument 2022
What it does: amends the list of threatened species established under the Environment Protection and Biodiversity Conservation Act 1999 by including Liopholis montana in the Endangered category. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 9 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 10 August 2022
Made under: Paragraph 184(a) of the Environment Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Manual of Standards Part 173 Amendment Instrument 2022 (No. 1)
What it does: By extending the intervals at which the Civil Aviation Safety Authority must conduct a flight revalidation of a terminal instrument flight procedure from ‘not exceeding three years’ to ‘not exceeding five years’, aligns those intervals with related International Civil Aviation Organization standards and recommended practices. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 10 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 11 August 2022
Made under: The instrument advises that it is made under regulation 173.010 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: not required. See page 8 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Maritime Transport Security (Screening Officer Requirements) Determination 2022
What it does: establishes a regulatory framework to safeguard against unlawful interference with maritime transport and offshore facilities. To achieve this purpose, the Maritime Transport and Offshore Facilities Security Act 2003establishes minimum security requirements for maritime industry participants by imposing obligations on persons engaged in maritime transport and offshore facilities related activities. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 1 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Home Affairs
Commencement: 2 September 2022
Made under: section 165A of the Maritime Transport and Offshore Facilities Security Act 2003
Regulation Impact Statement: not required. See page 3 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022
What it does: amends the Migration Regulations 1994 to enable the ‘COVID-19 concession’ cohort to access the ‘relationship cessation provisions’ (RCPs) as part of meeting the criteria for grant of a Subclass 100 Partner visa or a Subclass 309 Partner (Provisional) visa.  (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 19 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Home Affairs
Commencement: 20 August 2022
Made under: subsections 504(1) and 46(3), and section 40 and of the Migration Act 1958
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Migration Amendment (Subclass 202 Visas) Regulations 2022
What it does: amends the Migration Regulations 1994 to enhance the operation of the Community Support Program (CSP), which allows community groups and individuals to propose and support applicants for entry to Australia under the Humanitarian Program. The instrument reduces the visa application charge (VAC) payable by primary applicants by approximately 60%, entirely removes the VAC payable by secondary applicants and rationalises the requirement for Assurances of Support. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Home Affairs
Commencement: 19 August 2022
Made under: subsection 504(1) of the Migration Act 1958
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment (Default Emissions Intensities) Rules 2022
What it does: amends the National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 to insert additional default emissions intensity values for Government-determined prescribed production variables into Schedule 2 of the Safeguard Rule; insert minor technical corrections to prescribed production variables set in the Safeguard Rule in 2020 and 2021; and remove the default emissions intensity value for refined lead due to an error that has been identified. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 1 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Climate Change, Energy, the Environment and Water
Commencement: 2 September 2022
Made under: subsection 22XS(1) of the National Greenhouse and Energy Reporting Act 2007
Regulation Impact Statement: the instrument is covered by the Regulation Impact Statement for the  2019 Amendments to the Emissions Reduction Fund Safeguard Mechanism. See page 3 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

National Health (Efficient Funding of Chemotherapy) Special Arrangement Amendment Instrument 2022 (No. 8)
What it does: amends the National Health (Efficient Funding of Chemotherapy) Special Arrangement 2011  (the Special Arrangement) to make changes relating to the Efficient Funding of Chemotherapy.

• The Special Arrangement achieves greater efficiency in payment for the supply of injected or infused chemotherapy medicines (chemotherapy pharmaceutical benefits) 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 (related pharmaceutical benefits) at certain public hospitals. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: subsection 100(2) of the National Health Act 1953
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

National Health (Highly Specialised Drugs Program) Special Arrangement Amendment (Rituximab) Instrument 2022
What it does: amends the National Health (Highly Specialised Drugs Program) Special Arrangement 2021 to implement a revised pharmaceutical benefits scheme listing for the drug rituximab as an unrestricted pharmaceutical benefit under the Section 100 Highly Specialised Drugs (HSD) Program, consistent with a recommendation of the Pharmaceutical Benefits Advisory Committee made in September 2021. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: sections 85, 85A and 88 and subsection 100(2) of the National Health Act 1953
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

National Health (Highly Specialised Drugs Program) Special Arrangement Amendment (September Update) Instrument 2022
What it does: amends the National Health (Highly Specialised Drugs Program) Special Arrangement 2021 to make changes relating to the Highly Specialised Drugs (HSD) Program. The Instrument also provides for the addition of the listed drug selinexor to the Special Arrangement and  alteration of circumstances in which a prescription may be written for the listed drugs ciclosporin, lenalidomide, nusinersen, pomalidomide, and risdiplam under the Special Arrangement. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: subsection 100(2) of the National Health Act 1953
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

National Health (Listed Drugs on F1 or F2) Amendment Determination 2022 (No. 7)
What it does: amends the National Health (Listed Drugs on F1 or F2) Determination 2021 by adding to F1 three new drugs, niraparib, gilteritinib and selinexor and removing one drug eptifibatide from F1 as this drug will no longer be PBS listed.  (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 31 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September
Administered by: Health and Aged Care
Commencement: 1 September 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: Formulary Allocations - 1 September 2022, PBS, Department of Health and Aged Care

 

National Health (Listing of Pharmaceutical Benefits) Amendment Instrument 2022 (No. 9)
What it does: amends the National Health (Listing of Pharmaceutical Benefits) Instrument 2012  to make changes to the pharmaceutical benefits listed on the Pharmaceutical Benefits Scheme (PBS) and related matters. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 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

 

National Health (Pharmaceutical Benefits – early supply) Amendment Instrument 2022 (No. 8)
What it does: amends the National Health (Pharmaceutical benefits—early supply) Instrument 2015, which specifies the pharmaceutical items for which Pharmaceutical Benefits Scheme (PBS) safety net entitlements will not apply for early supplies, and specifies the period following previous supply.

• The effect of being an early supply is that the patient payment for the early supply prescription does not count towards the PBS safety net threshold, and, if the PBS safety net threshold has been reached and the PBS safety net would normally allow a concessional or nil contribution, the patient payment and the amount paid by the Commonwealth to the pharmacy or other approved supplier revert to pre-PBS safety net amounts.
• The instrument adds niraparib and oxybutynin. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 1 September 2022
Made under: subsection 84AAA(2) of the National Health Act 1953
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified
Resources:

• Safety Net early supply rule, PBS, Department of Health and Aged Care
• The Safety Net Scheme, PBS, Department of Health and Aged Care

National Self‑exclusion Register (Cost Recovery Levy) Determination 2022
What it does: the Instrument aims to recover the costs associated with the operation of the National Self-exclusion Register (which will allow people to exclude themselves from all licensed interactive gambling services) , including the upfront cost of establishing the Register by specifying the method for working out the levy amount and the designated levy periods. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 17 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Social Services
Commencement: at the start of the day fixed by Proclamation for the purposes of section 61GC(1) of the Interactive Gambling Act 2001
Made under: subsections 9(1) and 11(1) of the National Self-exclusion Register (Cost Recovery Levy) Act 2019
Regulation Impact Statement: none identified. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Norfolk Island Applied Laws and Service Delivery (Queensland) Amendment (Further Education and Training) Ordinance 2022
What it does: applies and amends Queensland laws, the Further Education and Training Act 2014 (Qld) (FET Act) and the Further Education and Training Regulation 2014 (Qld) (the FET Regulation), to introduce arrangements to support the registration of apprenticeship and traineeship training contracts on Norfolk Island. The amendments ensure that the FET Act and FET Regulation, as applied in Norfolk Island, are relevant and appropriate to the region. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 18 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 19 August 2022
Made under: section 19A of the Norfolk Island Act 1979
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified
Resources:

• Norfolk Island state services - Partnership with Queensland to deliver state services, Department of Infrastructure, Transport, Regional Development and Communications, June 2021

Part 91 MOS Amendment Instrument 2022 (No. 1)
What it does: This instrument amends the Part 91 (General Operating and Flight Rules) Manual of Standards 2020 (MOS) to clarify the intent of several provisions. It also amends a number of provisions that have not correctly implemented the continued application of certain pre-2 December 2021 rules.

• The MOS, which commenced on 2 December 2021, set out the standards for ‘the rules of the air’ for all pilots, and the general operating rules for pilots who are not operating under an Air Operator’s Certificate or other certificate. The MOS is a foundational ruleset for the safety of all aviation operations. It consolidates the existing rules of the air, contains some new rules to enhance operational flexibility and improve aviation safety, and it brings Australian requirements more in line with the Standards and Recommended Practices of the International Civil Aviation Organization  (ICAO).

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 5 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 6 August 2022
Made under: Regulations 91.040 and 201.025 of the Civil Aviation Safety Regulations 1998.
Regulation Impact Statement: Covered by the Regulation Impact Statement (RIS) prepared for the new Part 91, which  was included in the Explanatory Statement for the new Part 91 regulations (see pages 9 to 17).
Committee comment: None identified
Commentary: None identified

 

PGPA Act Determination (Australian Communications and Media Authority SOETM Special Account 2022)
What it does: establishes a new special account for the Australian Communications and Media Authority (ACMA), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable the ACMA to hold and expend amounts for a range of purposes and will repeal the pre-existing ACMA special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Australian Electoral Commission SOETM Special Account 2022)
What it does: establishes a new special account for the Australian Electoral Commission (AEC), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable the AEC to hold and expend amounts for a range of purposes and will repeal the pre-existing AEC special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate:
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Australian Securities and Investments Commission SOETM Special Account 2022)
What it does: establishes a new special account for the Australian Securities and Investments Commission (ASIC), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable ASIC to hold and expend amounts for a range of purposes and will repeal the pre-existing ASIC special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Australian Taxation Office SOETM Special Account 2022)
What it does: establishes a new special account for the Australian Taxation Office (ATO), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable the ATO to hold and expend amounts for a range of purposes and will repeal the pre-existing ATO special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Department of Veterans’ Affairs SOETM Special Account 2022)
What it does: establishes a new special account for the Department of Veterans’ Affairs (DVA), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable DVA to hold and expend amounts for a range of purposes and will repeal the pre-existing DVA special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Federal Court of Australia SOETM Special Account 2022)
What it does: establishes a new special account for the Federal Court of Australia (FCA), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable the FCA to hold and expend amounts for a range of purposes and will repeal the pre-existing FCA special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

PGPA Act Determination (Treasury SOETM Special Account 2022)
What it does: establishes a new special account for the Department of the Treasury (Treasury), under section 78 of the Public Governance, Performance and Accountability Act 2013

• A special account is an appropriation mechanism that sets aside amounts within the Consolidated Revenue Fund for spending on specified purposes.
• The special account is being established to enable Treasury to hold and expend amounts for a range of purposes and will repeal the pre-existing Treasury special account, with the amount currently held in that account to be credited to the new special account (See the Explanatory Statement for the instrument for further information).

Registered on Federal Register of Legislation: 2 September 2022 [F2022L01159]
Tabled in House of Representatives: 6 September 2022
Tabled in Senate: 6 September 2022
Administered by: Finance
Commencement: The later of the day immediately after the last day upon which either House may have passed a resolution disallowing the instrument or 19 September 2022.
Made under: subsections 78(1) and 78(3) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• Special Appropriations: Special Accounts, Department of Finance, 14 July 2022.

Private Health Insurance Legislation Amendment Rules (No. 10) 2022
What it does: amends the:

• Private Health Insurance (Complying Products) Rules 2015 to update the daily patient contribution payable by nursing-home type patients (NHTPs) for hospital accommodation in private hospitals nationally and in public hospitals in all state and territory jurisdictions except for public hospitals in the Australian Capital Territory
• Private Health Insurance (Benefit Requirements) Rules 2011 to update the minimum benefits payable by private health insurers per night for NHTP at private hospitals nationally and at public hospitals except for the Australian Capital Territory, South Australia and Victoria

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 7 September 2022
Tabled in House of Representatives: 8 September 2022
Tabled in Senate: not yet tabled
Administered by: Health and Aged Care
Commencement: 20 September 2022.
Made under: subsection 333–20(1) of the Private Health Insurance Act 2007
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary:

• PHI 55/22 Private Health Insurance Legislation Amendment Rules (No. 10) 2022, Department of Health and Aged Care, 8 September 2022

Public Governance, Performance and Accountability Amendment (Emergency Management Entities) Rules 2022
What it does: amends Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 by inserting a new clause 12A to prescribe the National Emergency Management Agency as a listed entity for the purposes of the finance law as defined by the Public Governance, Performance and Accountability Act 2013 and repealing clause 15A, which prescribes the National Recovery and Resilience Agency as a listed entity.

• The effect of this is to integrate all the Commonwealth’s disaster preparedness, emergency management, recovery and resilience functions into a single Commonwealth entity. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Finance
Commencement: Schedule 1, Part 1 commences on 1 September 2022; Schedule 2, Part 2 commences on 3 September 2022; sections 1 to 4 and all other parts of the instrument commence on 31 August 2022
Made under: section 101 and paragraph 103(e) of the Public Governance, Performance and Accountability Act 2013
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: M Coade, ‘National disaster agency up and running’, The Mandarin, 1 September 2022.

 

Remuneration Tribunal (Official Travel) Determination 2022
What it does: adjusts the travel allowance amounts for offices within the Remuneration Tribunal’s jurisdiction, including judicial offices.(See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 12 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Prime Minister and Cabinet
Commencement: 28 August 2022
Made under: subsections 7(3), (3AA), (4) and (4B) of the Remuneration Tribunal Act 1973  
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Remuneration Tribunal Amendment Determination (No. 9) 2022
What it does: amends various Remuneration Tribunal Determinations to change the remuneration, reimbursement, and allowance amounts payable to certain judicial officers and other public office holders. (See the Explanatory Statement for the instrument for further information.)
It amends the:

• Remuneration Tribunal (Judicial and Related Offices – Remuneration and Allowances) Determination 2022 to increase the reimbursement for private vehicle running costs for federal judges and to increase the travel allowance for Justices of the High Court;
• Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2022 to set remuneration and travel tier of the office of Inspector-General of Water Compliance, remove a personal remuneration provision for the former Chief Executive Officer of Infrastructure Australia, and to set a personal superannuation salary for the Commonwealth Ombudsman; and
• Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2022 to set a reduced person-specific fee for the Hon Don Harwin in his role on the audit committee of the Australia Council, to take into account Mr Harwin’s parliamentary pension.

Registered on Federal Register of Legislation: 12 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Prime Minister and Cabinet
Commencement: Sections 1 to 4 and Part 1 of Schedule 1 commences on 13 August 2022; Part 2 of Schedule 1 commences on 28 August 2022.
Made under: subsections 7(3), (3AA), (4) and (4B) of the Remuneration Tribunal Act 1973
Regulation Impact Statement: None identified
Committee comment: None identified
Commentary: None identified

 

Safety, Rehabilitation and Compensation (97E(1) – Premium Determination) Guidelines 2022
What it does: sets out the Safety, Rehabilitation and Compensation Commission guidelines for how Comcare determines the annual workers’ compensation premiums payable to Comcare by premium paying agencies.

• The Guidelines guide Comcare’s consideration of the matters set out in section 97A of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). The Guidelines will replace the previous guidelines.
• The Guidelines are intended to ensure that: the workers’ compensation scheme under the SRC Act is maintained in a fully funded position; the impact of claim performance and other variable costs on premiums is transparent and explained to premium payers; indicative premiums are advised to premium payers in time for consideration in the context of their budgets for the following financial year; significant changes to the premium calculations methodology are explained to premium payers; and that Comcare advises the Commission annually on its compliance with the Guidelines. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Employment and Workplace Relations
Commencement: 31 August 2022
Made under: subsection 97E(1) of the Safety, Rehabilitation and Compensation Act 1988
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Safety, Rehabilitation and Compensation (97E(2) – Regulatory Contributions Determination) Guidelines 2022
What it does: sets out the Safety, Rehabilitation and Compensation Commission guidelines for how Comcare determines regulatory contributions payable to Comcare by the employers of employees of Entities defined in section 4(2) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) and Commonwealth authorities. The Guidelines guide Comcare’s consideration of the matters set out in section 97D of the SRC Act. The Guidelines will replace the previous guidelines. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 30 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Employment and Workplace Relations
Commencement: 31 August 2022
Made under: subsection 97E(2) of the Safety, Rehabilitation and Compensation Act 1988
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Safety, Rehabilitation and Compensation Act Amendment (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2022
What it does: amends the Safety, Rehabilitation and Compensation Act (Criteria for Approval and Renewal of Rehabilitation Program Providers) Determination 2020 to enable a registered health practitioner who is registered to practise as an ‘osteopath’ to be able to be defined as a ‘relevantly qualified’ individual under section 6 of the Criteria and correcting two typographical errors (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 1 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 6 September 2022
Administered by: Employment and Workplace Relations
Commencement: 1 January 2023
Made under: section 34D of the Safety, Rehabilitation and Compensation Act 1988
Regulation Impact Statement: not required. See page 1 of the Explanatory Statement..
Committee comment: None identified
Commentary: None identified

 

Safety, Rehabilitation and Compensation (Renewal Application Form for Approval as a Rehabilitation Program Provider) Instrument 2022
What it does: creates a new renewal application form for rehabilitation program providers under the Safety, Rehabilitation and Compensation Act 1988 and repeals the instrument under which the previous form was created. The renewal application form assists Comcare to collect information needed to assess whether the rehabilitation program provider is suitable to have their approval renewed (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 6 September 2022
Administered by: Employment and Workplace Relations
Commencement: 3 October 2022
Made under: section 34S of the Safety, Rehabilitation and Compensation Act 1988
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: None identified
Commentary: None identified

 

Safety, Rehabilitation and Compensation Act Amendment (Operational Standards for Rehabilitation Program Providers) Determination 2022
What it does: corrects three typographical errors in the Safety, Rehabilitation and Compensation Act (Operational Standards for Rehabilitation Program Providers) Determination 2020 (the Operational Standards), and enables a registered health practitioner who is registered to practise as an ‘osteopath’ to be able to be defined as a ‘relevantly qualified’ individual under section 7 of the Operational Standards. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 1 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Employment and Workplace Relations
Commencement: 1 July 2023
Made under: section 34E of the Safety, Rehabilitation and Compensation Act 1988
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022)
What it does:  The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, Creutzfeldt-Jakob disease is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 25 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans' Affairs 
Commencement: 19 September 2022
Made under: subsection 196B(3) of the Veterans' Entitlements Act 1986 
Regulation Impact Statement: None.
Committee comment: None identified.
Commentary: None identified.
Resources:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Creutzfeldt-Jakob disease, Repatriation Medical Authority

Statement of Principles concerning Creutzfeldt-Jakob disease (Reasonable Hypothesis) (No. 80 of 2022)
What it does:  The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting Creutzfeldt-Jakob disease with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 25 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans' Affairs
Commencement: 19 September 2022
Made under: subsection 196B(2) of the Veterans' Entitlements Act 1986
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Creutzfeldt-Jakob disease, Repatriation Medical Authority

Statement of Principles concerning epilepsy (Balance of Probabilities) (No. 85 of 2022)
What it does:  The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, epilepsy is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans' Affairs 
Commencement: 19 September 2022
Made under: subsection 196B(3) of the Veterans' Entitlements Act 1986 
Regulation Impact Statement: None.
Committee comment: None identified.
Commentary: None identified.
Resources:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Epilepsy, Repatriation Medical Authority

Statement of Principles concerning epilepsy (Reasonable Hypothesis) (No. 84 of 2022)
The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting epilepsy with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans' Affairs
Commencement: 19 September 2022
Made under: subsection 196B(2) of the Veterans' Entitlements Act 1986 
Regulation Impact Statement: None. 
Committee comment: None identified.
Commentary: None identified.
Resources:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Epilepsy, Repatriation Medical Authority

Statement of Principles concerning malignant neoplasm of the anus and anal canal (Reasonable Hypothesis)—No. 82 of 2022
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the anus and anal canal or death from malignant neoplasm of the anus and anal canal, with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(2) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: No Regulation Impact Statement was identified.
Committee comment: None identified
Commentary:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Malignant neoplasm of the anus and anal canal, Repatriation Medical Authority

Statement of Principles concerning malignant neoplasm of the anus and anal canal (Balance of Probabilities)—No. 83 of 2022
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, malignant neoplasm of the anus and anal canal or death from malignant neoplasm of the anus and anal canal is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(3) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: No Regulation Impact Statement was identified.
Committee comment: None identified
Commentary:

• Statements of principles, Department of Veterans’ Affairs, 14 January 2020
• Malignant neoplasm of the anus and anal canal, Repatriation Medical Authority

Statement of Principles concerning mature B-cell lymphoid leukaemia and small lymphocytic lymphoma (Balance of Probabilities) (No. 79 of 2022)
  What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting mature B-cell lymphoid leukaemia and small lymphocytic lymphoma or death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma, with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Statement of Principles concerning mature B-cell lymphoid leukaemia and small lymphocytic lymphoma (Reasonable Hypothesis) (No. 78 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting mature B-cell lymphoid leukaemia and small lymphocytic lymphoma or death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma, with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsection 196B(3) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Statement of Principles concerning steatohepatitis (Balance of Probabilities) (No. 87 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that, on the balance of probabilities, steatohepatitis is connected with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The standard of proof that applies to liability claims relating to peacetime service is the 'balance of probabilities' or 'reasonable satisfaction' test.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Statement of Principles concerning steatohepatitis (Reasonable Hypothesis) (No. 86 of 2022)
What it does: The Statement of Principles (SoPs) sets out the factors that must as a minimum exist, and which of those factors must be related to the kinds of service rendered by a person before it can be said that a reasonable hypothesis has been raised connecting steatohepatitis, with the circumstances of that service (See the Explanatory Statement for the instrument for further information.)

• SoPs are legislative instruments applied in determining liability for injuries, diseases and deaths under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. SoPs set out the factors which can connect particular injuries, diseases or death with military service and are determined by the Repatriation Medical Authority (RMA).
• The Reasonable Hypothesis test applies to liability claims relating to warlike and non-warlike service.

Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: subsection 196B(2) of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Superannuation Industry (Supervision) Amendment (Annual Members’ Meetings Notices) Regulations 2022
What it does: amends the Superannuation Industry (Supervision) Regulations 1994 to clarify certain aspects of the disclosure requirements. The instrument updates the annual members’ meeting notice disclosure requirements to :

• remove itemised disclosure of certain expenditure;
• remove the double-counting of certain expenditure; and
• align the definition of ‘related party’ to the definition in the Australian Accounting Standards. See the Explanatory Statement for the instrument for further information.

Registered on Federal Register of Legislation: 2 September 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 6 September 2022
Administered by: Treasury
Commencement: 9 September 2022
Made under: section 353 of the Superannuation Industry (Supervision) Act 1993
Regulation Impact Statement: not required.   See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary:

• Steven Jones (Minister for Financial Services), ‘Annual Members’ Meeting Notices’, 15 July 2022
• Tony Boyd, ‘Super fund transparency going backwards’, Financial Review, 22 July 2022

Superannuation Industry (Supervision) Amendment (Your Future, Your Super—Addressing Underperformance in Superannuation) Regulations 2022
What it does: amends the Superannuation Industry (Supervision) Regulations 1994  (the Principal Regulations) to defer the application date of the annual performance test to trustee-directed products for 12 months to 1 July 2023.

• Under the Principal Regulations the performance test applies in relation to MySuper products on and after 1 July 2021 and in relation to trustee-directed products on and after 1 July 2022. The application of the annual performance test to trustee-directed products requires amendments to the Principal Regulations to clarify how the test will apply to trustee-directed products.
• The deferral allows extra time for public consultation of these amendments. (See the Explanatory Statement for the instrument for further information.)

Registered on Federal Register of Legislation: 8 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 9 August 2022
Made under: section 353 of the Superannuation Industry (Supervision) Act 1993
Regulation Impact Statement: the Productivity Commission’s report, Superannuation: Assessing Efficiency and Competitiveness, has been certified as a process and analysis equivalent to a Regulation Impact Statement for the purposes of the Government decision to implement this measure. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Taxation Administration – Single Touch Payroll – Spent Instruments Repeal Determination 2022
What it does: repeals six legislative instruments relating to Single Touch Payroll (STP) reporting that are no longer required as they have no ongoing operation. Specifically, the Determination repeals the following:

• PAYG Withholding annual reporting exemptions: Single Touch Payroll optional year [F2018L00494];
• Taxation Administration – Single Touch Payroll – Exemption for Employers from Reporting Contribution Amounts Paid to a Superannuation Fund [F2019L00121];
• Taxation Administration – Single Touch Payroll – Exemption for Insolvency Practitioners and Employers subject to their appointment [F2019L00440];
• Taxation Administration – Single Touch Payroll – Exemptions for payments made to Members by Portable Long Service Leave and Portable Redundancy Scheme Providers [F2019L00457];
• Taxation Administration – Single Touch Payroll – 2020–21 year Portable Long Service Leave and Portable Redundancy Scheme Providers Exemption 2020 [F2020L00800];
• Taxation Administration – Single Touch Payroll – 2019–20 and 2020–21 Income Years Closely Held Payees Exemption 2021 [F2021L01037].

See the Explanatory Statement for the instrument for further information.
Registered on Federal Register of Legislation: 6 September 2022
Tabled in House of Representatives: 7 September 2022
Tabled in Senate: 8 September 2022
Administered by: Treasury
Commencement: 7 September 2022
Made under: sections 16-153, 16-180 and 389-10 of Schedule 1 to the Taxation Administration Act 1953
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Taxation Administration: Withholding Variation to Nil for Low Income Minors Legislative Instrument 2022
What it does: varies to nil the amount of pay as you go (PAYG) withholding for low-income minors who do not provide a tax file number (TFN) declaration or quote their Australian business number (ABN) to a person making a payment to them. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 31 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Treasury
Commencement: 1 October 2022
Made under: section 15.15 of Schedule 1 of the Taxation Administration Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Amendment Declaration (No. 3) 2022
What it does: amends the Telecommunications (Designated Service Area and Statutory Infrastructure Provider) Declaration (No. 1) 2020  to add 11 new designated service areas for Lynham Networks Pty Ltd, as the relevant Statutory Infrastructure Provider. (See the Explanatory Statement for this instrument for further information.)
Registered on Federal Register of Legislation: 31 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 1 September 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.
Committee comment: none identified
Commentary: none identified
Resources:

• Lynham Networks class exemption notice, Australian Competition and Consumer Commission

Telecommunications (Fibre-ready Facilities- Exempt Lockhart River Aboriginal Shire Council Piiramo Street Subdivision Real Estate Development Project) Instrument 2022
What it does: exempts a specified real estate development project from the requirements to install fibre-ready facilities under Part 20A of the Telecommunications Act 1997.

• The Lockhart River Aboriginal Shire Council (the Council) is the developer of a 25-lot social housing subdivision at Lockhart River in Queensland, on the east coast of Cape York Peninsula, approximately 800 km north of Cairns.
• The Council requested an exemption from Part 20A requirements from the Minister.
• Having weighed up various factors, the Minister has decided to grant the exemption as requested. (See the Explanatory Statement for this instrument for further information.)

Registered on Federal Register of Legislation: 5 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Commencement: 6 August 2022
Made under: paragraphs372K(1)(a), (c)–(f) of the Telecommunications Act 1997
Regulation Impact Statement: not required. See page 2 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2022
What it does: remakes the Telecommunications (Interception and Access) (Communications Access Co-ordinator) Instrument 2019 (the 2019 instrument) to take into account the new Administrative Arrangements Order, which commenced on 1 July 2022 and which moved administrative responsibility of most of the Telecommunications (Interception and Access) Act 1979 to the Attorney-General’s portfolio. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 22 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Home Affairs
Commencement: 23 August 2022
Made under: subsection 6R(2) of the Telecommunications (Interception and Access) Act 1979
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified

 

Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 – Amendment No. 2 of 2022
What it does: inserts new Item 9C into the table set out at Schedule A of the Tertiary Education Quality and Standards Agency (Information) Guidelines 2017 . Item 9C adds AUSTRAC to the list of Commonwealth, state and territory authorities to which the Tertiary Education Quality and Standards Agency (TEQSA) may disclose higher education information. It also changes a reference to the Department of Education, Skills and Employment to references to the ‘Department of Education’ and the ‘Department of Employment and Workplace Relations’ to reflect recent machinery of government changes. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 3 August 2022
Tabled in House of Representatives: 4 August 2022
Tabled in Senate: 5 September 2022
Administered by: Education
Commencement: 4 August 2022
Made under: section 204 of the Tertiary Education Quality and Standards Agency Act 2011
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified

 

Therapeutic Goods (Transition to EU Medical Devices Regulation—Stakeholder Testing) (Information) Specification 2022
What it does: specifies the kinds of therapeutic goods information that the Secretary may release to specified persons and bodies, and the purposes for which that information may be released to those persons and bodies, under subsection 61(5AA) of the Therapeutic Goods Act 1989. The relevant persons and bodies include health professionals, private and public hospitals and other healthcare facilities, sponsors of medical devices (and persons authorised to act on behalf of such sponsors), certain medical device industry bodies, government procurement areas and patients. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 29 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Health and Aged Care
Commencement: 30 August 2022
Made under: subsection 61(5AB) of the Therapeutic Goods Act 1989
Regulation Impact Statement: not required. See page 4 of the Explanatory Statement.
Committee comment: none identified
Commentary: none identified

 

Veterans' Entitlements (Statements of Principles—definition of "one pack-year") Amendment Determination 2022 (No. 94 of 2022)
What it does: amends various Statements of Principles (set out in Part 2 of Schedule 1 to the  instrument to include a new definition of one pack-year, which means the amount of tobacco consumed in smoking 20 cigarettes per day for a period of 1 year, or an equivalent amount of tobacco products. This facilitates claimants in making, and the Repatriation Commission in assessing, claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have the particular kinds of injury, disease or death referred to in the various Statements of Principles. It also facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. (See the Explanatory Statement for the instrument for further information.)
Registered on Federal Register of Legislation: 26 August 2022
Tabled in House of Representatives: 5 September 2022
Tabled in Senate: 5 September 2022
Administered by: Veterans’ Affairs
Commencement: 19 September 2022
Made under: section 196B of the Veterans’ Entitlements Act 1986
Regulation Impact Statement: none identified.
Committee comment: none identified
Commentary: none identified