12
April 2023
PDF Version [1,488KB]
Scanlon
Williams and Daniel Greiss
Law and Bills Digest Section
Contents
Agriculture, Fisheries and Forestry
Attorney-General
Climate Change, Energy, the
Environment and Water
Defence
Education
Employment and Workplace Relations
Finance
Foreign Affairs and Trade
Health and Aged Care
Home Affairs
Industry, Science and Resources
Infrastructure, Transport, Regional
Development, Communications and the Arts
Prime Minister and Cabinet
Social Services
Treasury
Veterans’ Affairs
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Agriculture, Fisheries and Forestry
Australian Meat and Live-stock Industry (Industry Bodies
and Approved Donors) Declaration 2023 [F2023L00184]
What it does:
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Other Details:
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The instrument establishes Meat and Livestock Australia
(MLA), Australian Meat Processor Corporation (AMPC) and Livecorp as the
research and marketing bodies for the meat industry, meat processor industry
and live export industry. The instrument also establishes AMPC, Livecorp and
the MLA Donor Company as approved donors.
This enables
the authorisation for the disbursement of funds (based on amounts of levy and
charge collected by the Commonwealth) to the declared industry
bodies and approved donors to support a range of industry activities.
The instrument commences
on 1 April 2020 and has retrospective effect from before its registration.
This is to ensure that the relevant bodies remain as
the declared industry bodies and approved donors. The
retrospective application of the Declaration does not disadvantage
individuals or detrimentally affect extant or former rights or liabilities
accrued.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2
March 2023 [F2023L00184]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 April 2020
Made under: sections
60, and 61(1)
of the Australian
Meat and Live-stock Industry Act 1997
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
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Attorney-General
No
instruments tabled in the relevant period.
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Climate Change, Energy, the Environment and Water
Carbon Credits (Carbon Farming
Initiative—Avoided Deforestation 1.1—Revocation) Instrument 2023 [F2023L00104]
Environment Protection and Biodiversity Conservation
(Recovery Plan—Botaurus poiciloptilus) Instrument 2023 [F2023L00138]
What it does:
|
Other Details:
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The instrument jointly makes the National Recovery
Plan for the Australasian Bittern with South Australia, Victoria, Western
Australia and Queensland for Botaurus poiciloptilus (Australian Bittern), a
listed threatened species.
The Australasian Bittern is listed in the Endangered
category of the Threatened Species List under the Environment Protection
and Biodiversity Conservation Act 1999. It is threatened due to the
loss and degradation of wetland nesting and foraging habitat, climate change,
a reduction in water quality and predation by introduced species.
The Recovery Plan provides for the research and management
actions necessary to stop the decline, and support the recovery of, the
Australasian Bittern, in order to maximise its chances of long-term survival
in nature.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00138]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 24 February 2023 in accordance with
subsection 12(1) of the Legislation Act
2003)
Made under: subsection
269A(3) of the Environment Protection
and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
-
‘Draft
National Recovery Plan for the Australasian Bittern’, Department of
Climate Change, Energy, the Environment and Water.
-
‘Species
Profile and Threats Database - Botaurus poiciloptilus — Australasian Bittern’,
Department of Climate Change, Energy, the Environment and Water.
-
‘Species
Profile and Threats Database - EPBC Act List of Threatened Fauna’,
Department of Climate Change, Energy, the Environment and Water.
-
‘Botaurus
poiciloptilus (Australasian Bittern)’, International Union for the
Conservation of Nature (IUCN) Red List of Threatened Species.
|
Environment Protection and
Biodiversity Conservation (Recovery Plan—Rostratula australis) Instrument 2023
[F2023L00199]
What it does:
|
Other Details:
|
The instrument jointly makes the National Recovery Plan
with the Northern Territory, Victoria, Western Australia and Queensland for Rostratula
australis (Australian Painted Snipe), a listed threatened species.
Rostratula australis is threatened due to the loss
and degradation of wetland nesting and foraging habitat, climate change, a
reduction in water quality and predation by introduced species.
The Recovery Plan provides for the research and management
actions necessary to stop the decline, and support the recovery of, Rostratula
australis, in order to maximise its chances of long-term survival in
nature.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 7
March 2023 [F2023L00199]
Tabled in House of Representatives: 8 March
2023
Tabled in Senate: 9 March 2023
Disallowance period (sitting days): 15 days
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 8 March 2023
Made under: subsection
269A(3) of the Environment
Protection and Biodiversity Conservation Act 1999
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
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Defence
Defence Determination, Conditions of service Amendment
Determination 2023 (No. 4) [F2023L00136]
What it does:
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Other Details:
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The instrument amends the Defence
Determination 2016/19, Conditions of service to vary higher duties
allowance provisions to allow members who hold the rank of
Sub Lieutenant that have been directed to perform duties at the rank of
Lieutenant to be eligible to receive higher duties allowance, and to extend
the provision of excess baggage benefits for specified overseas travel until
1 March 2024.
The instrument also changes the approved club for member’s
posted to Türkiye, and change the spelling of the country ‘Turkey’ to
‘Türkiye’.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00136]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: sections 1 to 4 of the instrument
commence on 23 February 2023. Schedules 1 to 3 commence on 2 March 2023.
Made under: section
58B of the Defence
Act 1903
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
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Defence (Individual Determination)
Determination 2023 (No. 1) [F2023L00200]
What it does:
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Other Details:
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The instrument provides a payout for long service leave
credits accrued by a member of the Australian Defence Force to the member due
to exceptional circumstances.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 7
March 2023 [F2023L00200]
Tabled in House of Representatives: 8 March
2023
Tabled in Senate: 9 March 2023
Disallowance period (sitting days): 15 days
Administered by: Defence
Commencement: 8 March 2023
Made under: section
58B of the Defence
Act 1903
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
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Education
Higher Education Support (Notice of
Approval – CG Spectrum Institute Pty Ltd) Instrument 2023 [F2023L00127]
What it does:
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Other Details:
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Approves CG Spectrum Institute Pty Ltd as a higher
education provider.
A body corporate must satisfy the criteria in subsection
16-25(1) of the Higher
Education Support Act 2003 (the Act) relating to the body corporate’s
suitability and ability to be an approved higher education provider before
the Minister or delegate can approve it as a higher education provider.
As an approved higher education provider, CG Spectrum
Institute Pty Ltd 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: 20
February 2023 [F2023L00127]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Education
Commencement: 21 February 2023
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
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
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Employment
and Workplace Relations
Safety, Rehabilitation and
Compensation Act 1988 – Guide to the Assessment of the Degree of Permanent
Impairment Edition 3.0 [F2023L00203]
What it does:
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Other Details:
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The instrument sets out criteria and methods to determine
the degree (as expressed as a percentage) of:
-
a permanent impairment of an employee resulting from an injury
-
non-economic loss suffered by an employee as a result of an
injury or impairment
relating to a claim for compensation under the Safety, Rehabilitation
and Compensation Act 1988 (SRC Act).
The SRC Act establishes the workers’ compensation
and rehabilitation scheme for employees of the Commonwealth (administered by
Comcare), Commonwealth authorities and licensed corporations. The SRC Act
provides for the payment of lump sum compensation for permanent impairment
and non-economic loss.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00203]
Tabled in House of Representatives: 9 March 2023
Tabled in Senate: 20 March 2023
Disallowance period (sitting days): 15 days
Administered by: Employment and Workplace Relations
Commencement: 1 April 2023
Made under: section
28 of the Safety, Rehabilitation
and Compensation Act 1988
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
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Finance
Electoral and Referendum Amendment (Enrolment
Enfranchisement) Regulations 2023 [F2023L00114]
What it does:
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Other Details:
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The Commonwealth
Electoral Act 1918 (the Act) currently limits identity documentation for enrolment to a
driver’s licence issued under the law of a state or territory, an Australian
passport or an attestation by an enrolled person, or evidence of a kind
prescribed by the regulations. The Electoral and Referendum Regulation 2016 (Principal Regulation) currently do not
expand the documentary identity evidence requirements to support electoral
enrolment.
The instrument amends the Principal Regulation to prescribe new additional
evidence of identity documents that could be accepted by the Australian
Electoral Commissioner to support an application for enrolment. These
expanded identity documents are:
This expanded list of identity documents will allow those
individuals who have previously faced barriers to enrolment as a result of
not having the required evidence of identity, to participate in elections and
referendums.
The Regulations also modernise processes for enrolment
updates by expanding the evidence of identity a voter can provide in addition
to their date of birth to satisfy the requirements for an enrolment claim or
notice to be signed in subsection
382(7) of the Act. This expands the current provision which allows a
voter to provide their driver's licence number, to also allow a voter to
provide a passport number, citizenship notice number or Medicare number.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
February 2023 [F2023L00114]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 17 February 2023
Made under: subsection
382(7), section
395, and paragraph
98AA(2)(d) of the Commonwealth
Electoral Act 1918
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 1)
Regulations 2023 [F2023L00196]
What it does:
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Other Details:
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The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 (the Principal Regulations) to
establish legislative authority for government spending on an activity
administered by the National Indigenous Australians Agency, which is part
of the Prime Minister and Cabinet portfolio.
The Financial
Framework (Supplementary Powers) Act 1997 confers on the Commonwealth
certain powers to make arrangements to spend money, make financial grants or
be involved in companies. The arrangements, grants, programs and
companies for which money can be spent are specified in the Principal
Regulations.
The instrument amends Part
4 of Schedule 1AB of the Principal Regulations to fund public civics
education and awareness programs, community initiatives and other activities
to raise public awareness of, and community engagement with, a referendum to
recognise Aboriginal and Torres Strait Islander peoples in the Australian
Constitution through an Aboriginal and Torres Strait Islander Voice.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
March 2023 [F2023L00196]
Tabled in House of Representatives: 7 March 2023
Tabled in Senate: 8 March 2023
Disallowance period (sitting days): 15 days
Administered by: Finance
Commencement: 4 March 2023
Made under: sections
32B and 65
of the Financial
Framework (Supplementary Powers) Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Public Governance, Performance and
Accountability Amendment (2023 Measures No. 1) Rules 2023 [F2023L00124]
What it does:
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Other Details:
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The instrument amends the Public Governance,
Performance and Accountability Rule 2014 (the PGPA Rule).
The instrument specifically amends item 14 of the table in
section 30 of the PGPA Rule by substituting ‘Independent Health and Aged Care
Pricing Authority’ for ‘Independent Hospital Pricing Authority’. This name
change aligns the name of the entity with the name prescribed in section
129(1) of the National Health
Reform Act 2011.
The instrument also amends Schedule 1 to the PGPA Rule by
repealing clause 10A, which prescribes the Fair Work Ombudsman and Registered
Organisations Commission as listed entities (which is a type of non-corporate
Commonwealth entity) for the purposes of the finance law as defined by the Public
Governance, Performance and Accountability Act 2013. This amendment
is being made as a consequence of amendments made by the Fair Work
Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which
abolishes the Registered Organisations Commission and the Registered
Organisations Commissioner as statutory bodies, and amends the Fair Work Act
2009 to prescribe the Office of the Fair Work Ombudsman as a listed
entity.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00124]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
(however, item 1 of Schedule 1 is exempt from disallowance)
Administered by: Finance
Commencement: sections 1 to 4 and item 1 of
Schedule 1 commence on 21 February 2023. Item 2 of Schedule 1 commences on 6
March 2023.
Made under: section
101, paragraph
103(e) and 105B(1)(b)
of the Public
Governance, Performance and Accountability Act 2013
Regulation Impact Statement: none identified
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Treasury about this instrument in accordance with paragraph
(g) of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 3, 2023, 25 January 2023, 35.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 4, 2023, 29 March 2023, 32.
Commentary: none identified
Resources:
-
‘About us’, Fair
Work Commission.
-
Jaan Murphy, Elliott King and Scanlon Williams, ‘Fair
Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022’, Bills
Digest, 34, 2022–23, (Canberra: Parliamentary Library, 2022).
-
‘Our role and
purpose’, Fair Work Ombudsman.
-
‘Who
we are’, Independent Health and Aged Care Pricing Authority.
|
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Foreign Affairs and Trade
Autonomous Sanctions (Designated Persons and Entities and
Declared Persons—Russia and Ukraine) Amendment (No. 2) Instrument 2023 [F2023L00139]
What it does:
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Other Details:
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The instrument amends the Autonomous Sanctions
(Designated Persons and Entities and Declared Persons – Russia and Ukraine)
List 2014, by designating and declaring 90 persons and 40 entities
for targeted financial sanctions and travel bans.
The purpose of a designation is to subject the designated
person or entity to targeted financial sanctions. The purpose of a
declaration is to prevent a person from travelling to, entering or remaining
in Australia.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00139]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Foreign Affairs and Trade
Commencement: 24 February 2023
Made under: paragraphs
6(a) and 6(b)
of the Autonomous
Sanctions Regulations 2011.
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
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Health and Aged Care
Health Insurance (Accredited Pathology
Laboratories—Approval) Amendment (Relevant Standards) Principles (No.1) 2023 [F2023L00134]
What it does:
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Other Details:
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The instrument amends the Health Insurance
(Accredited Pathology Laboratories—Approval) Principles 2017 (the
Principles) to incorporate into the Principles the following four revised accreditation
standards:
-
Requirements for Medical Testing for Human Genetic Variation
(Third Edition 2022)
-
Requirements for Information Communication and Reporting (Fifth
Edition 2022)
-
Requirements for the Packaging and Transport of Pathology
Specimens and Associated Materials (Fifth Edition 2022)
-
Requirements for Transfusion Laboratory Practice (Fifth Edition
2022)
The instrument also makes the following amendments:
-
corrects the title of the accreditation standard titled
‘Requirements for the Development and Use of In-House In Vitro Diagnostic
Medical Devices (Fourth Edition 2018)’
-
updates the note at the end of the table in Schedule 1 to
advise that accreditation materials are accessible on the Australian
Commission on Safety and Quality in Health Care’s pathology accreditation
standards webpage.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00134]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
23DNA(1) of the Health Insurance
Act 1973
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National
Health (Commonwealth Price and Conditions for Commonwealth Payments for Supply
of Pharmaceutical Benefits) Amendment Determination 2023 (No.2) [F2023L00161]
What it does:
|
Other Details:
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The instrument amends the National Health
(Commonwealth Price and Conditions for Commonwealth Payments for Supply of
Pharmaceutical Benefits) Determination 2019 (the Principal Determination)
to delete:
-
a form of the listed drug cefuroxime from the list of
pharmaceutical benefits determined to be ready-prepared pharmaceutical
benefits that are mixtures of ready-prepared ingredients
-
a form of the listed drug salbutamol from the list of
pharmaceutical benefits to be supplied only as complete packs.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00161]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
98C(1) of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Efficient Funding
of Chemotherapy) Special Arrangement Amendment Instrument 2023 (No. 2) [F2023L00174]
What it does:
|
Other Details:
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The instrument amends the National Health
(Efficient Funding of Chemotherapy) Special Arrangement 2011 (PB 79 of 2011)
(the Special Arrangement).
The Special Arrangement achieves greater efficiency in
payment for the supply of injected or infused chemotherapy medicines to
eligible patients being treated for cancer. The Special Arrangement also
relates to the supply of medicines associated with the side effects of cancer
and cancer treatment at certain public hospitals.
Schedule 1 to the instrument provides for the deletion of
a form of the listed drug paclitaxel, the deletion of brands of the listed
drugs epirubicin, paclitaxel, and pemetrexed, and for the alteration of
circumstances in which a prescription may be written for the listed drugs
ipilimumab, and nivolumab under the Special Arrangement.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00174]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
100(2) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Growth Hormone
Program) Special Arrangement Amendment Instrument 2023 (No. 1) [F2023L00167]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Growth Hormone Program) Special Arrangement 2015 (PB 85 of 2015) (the
Special Arrangement) to delete three forms of the drug somatropin from Schedule
1 of the Special Arrangement.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00167]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
100(2) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Highly Specialised
Drugs Program) Special Arrangement Amendment (March Update) Instrument 2023 [F2023L00166]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Highly specialised drugs program) Special Arrangement 2021 (PB 27 of 2021)
(the Special Arrangement).
The Highly Specialised Drugs program established under the
Special Arrangement provides access to specialised Pharmaceutical Benefits
Scheme medicines to eligible patients, for the treatment of chronic
conditions which, because of their clinical use and other special features,
have restrictions on where they can be prescribed and supplied.
The instrument adds certain brands and forms of the drugs
adalimumab, cinacalcet, zoledronic acid. It also changes the circumstances in
which a prescription may be written for eculizumab and ravulizumab. The
instrument also alters the claimed price for forms of the drugs lamivudine
and valaciclovir.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00166]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
100(2) of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Listing of
Pharmaceutical Benefits) Amendment Instrument 2023 (No. 2) [F2023L00162]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012) to
make changes to the pharmaceutical benefits listed on the Pharmaceutical
Benefits Scheme and related matters.
PB 71 of 2012 determines the pharmaceutical benefits that
are on the Schedule of Pharmaceutical Benefits (the PBS Schedule) through
declarations of drugs and medicinal preparations, and determinations of
forms, manners of administration and brands. It also provides for related
matters.
The instrument provides for the deletion of forms of the
listed drugs paclitaxel, salbutamol, and somatropin. It also provides for the
alteration of circumstances in which prescriptions may be written for the
supply of the listed drugs donepezil, galantamine, ipilimumab, memantine,
nivolumab, rituximab, rivastigmine, and zanubrutinib.
The Instrument also provides for the following changes:
-
the addition of 17 brands of existing pharmaceutical items
-
the deletion of 11 brands of existing pharmaceutical items
-
the alteration of two responsible person names on the list of
responsible persons
-
the addition of seven pharmaceutical items covered under Supply
Only arrangements.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00162]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: sections
84AF, 84AK,
85,
85A,
88
and 101 of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National Health (Prescriber bag
supplies) Amendment Determination 2023 (No. 1) [F2023L00163]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Prescriber bag supplies) Determination 2012 (PB 73 of 2012) (the
Principal Determination) to delete a pharmaceutical item which may be
supplied directly to patients as a prescriber bag supply.
The Principal Determination determines the pharmaceutical
benefits and maximum quantities of those pharmaceutical benefits which may be
supplied directly to patients, or obtained during a specified period, by a
medical practitioner and an authorised nurse practitioner.
The Instrument provides for the deletion of a form of the
listed drug salbutamol from the list of pharmaceutical benefits that may be
supplied directly to patients as a prescriber bag supply.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00163]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: sections
93 and 93AB
of the National
Health Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
National
Health (Weighted average disclosed price – April 2023 reduction day) Amendment
Determination 2023 [F2023L00155]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Weighted average disclosed price – April 2023 reduction day) Determination
2022 (the Principal Instrument) to reflect the outcomes of the 2023
April price disclosure cycle.
The instrument achieves this by:
-
removing from Schedule 1 of the Principal Instrument and
inserting in Schedule 2 weighted average disclosed prices (WADPs) for brands
of pharmaceutical items containing infliximab, solution for injection 120 mg
in 1 mL pre-filled pen, injection
-
revising WADPs in Schedule 2 for brands of pharmaceutical items
containing infliximab, powder for I.V. infusion 100 mg, injection.
This means that brands of pharmaceutical items containing
infliximab, which will no longer take a price disclosure reduction on 1 April
2023.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00155]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
99ADB(4) of the National Health
Act 1953
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Private Health Insurance
Legislation Amendment Rules (No. 1) 2023 [F2023L00173]
What it does:
|
Other Details:
|
The instrument amends the Private
Health Insurance (Benefit Requirements) Rules 2011 (the Benefit
Requirement Rules) and the Private Health
Insurance (Complying Product) Rules 2015 (the Complying Product Rules) to
reflect 1 March 2023 Medicare Benefits Schedule (MBS) changes.
Changes to the clinical categorisation and procedure type
classification of MBS items are achieved by amending:
-
the Complying Product Rules for the purpose of describing
hospital treatment(s) that must be covered under insurance policies, to
categorise new and reviewed MBS items by clinical category and remove deleted
items, as appropriate and
-
the Benefit Requirements Rules for the purpose of
specifying minimum hospital accommodation benefit requirements, to classify
new and reviewed MBS items against procedure type classifications, and remove
deleted items, as appropriate.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00173]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: section 333.20(1)
of the Private Health
Insurance Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
Private Health Insurance
(Prostheses) Rules (No. 1) 2023 [F2023L00108]
What it does:
|
Other Details:
|
The instrument updates the list of the kinds of prostheses
for which a benefit must be paid where the prosthesis is provided in the
conditions and circumstances specified in the Private Health
Insurance Act 2007, and sets out the minimum and, where applicable,
maximum benefit payable. The instrument also repeals and replaces the Private Health
Insurance (Prostheses) Rules (No. 3) 2022 (the Previous Rules).
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
February 2023 [F2023L00108]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: item 4 of the table in section 333.20
of the Private
Health Insurance Act 2007
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary:
Resources:
|
Therapeutic Goods (Declared Goods)
Amendment (Prohibited List) Order 2023 [F2023L00135]
What it does:
|
Other Details:
|
The instrument amends the Therapeutic Goods
(Declared Goods) Order 2019 (2019 order), which declares particular goods
or classes of goods, or those goods when used, advertised, or presented for
supply in a particular way, to be therapeutic goods, or not to be therapeutic
goods, for the purposes of the Act. Relevantly, it declares certain goods for
oral administration that are represented as being for the improvement or
maintenance of physical or mental performance in sport, exercise, or
recreational activity (commonly known as ‘sports supplements’) to be
therapeutic goods when used, advertised, or presented for supply for
therapeutic use, or in a way that is likely to be taken to be for therapeutic
use.
The instrument amends the 2019 order to update the
definition of ’Prohibited List’ to refer to the World Anti-Doping Code
International Standard Prohibited List 2023, which is the most recent version
of the World Anti-Doping Code International Standard Prohibited List
published by the World Anti-Doping Agency.
Australia is a State Party to the United Nations
Educational, Scientific and Cultural Organization International Convention
against Doping in Sport. Australia’s anti-doping obligations derive from the
Convention, which requires governments to adopt appropriate measures at the
national and international levels, consistent with the principles of the
World Anti-Doping Code.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00135]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: section
7 of the Therapeutic
Goods Act 1989
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
-
‘Prohibited
Substances and Methods’, Sport Integrity Australia.
-
‘Who We Are’,
World Anti-Doping Agency.
-
‘2023
Prohibited List’, World Anti-Doping Agency.
-
International
Convention Against Doping in Sport, done in Paris on 19 October 2005,
[2007] ATS 10, (entered into force 1 February 2007).
-
Rosalind Hewett, Rebecca Storen, Emma Vines and Alex Grove, Therapeutic
goods: a quick guide, Research paper series, 2021– 22, (Canberra:
Parliamentary Library, 2022).
|
Therapeutic Goods (Permissible
Ingredients) Determination (No. 1) 2023 [F2023L00122]
What it does:
|
Other Details:
|
The instrument repeals and replaces the Therapeutic Goods
(Permissible Ingredients) Determination (No. 5) 2022 and specifies those
ingredients that may be contained in a medicine that is listed in the
Australian Register of Therapeutic Goods (the Register) under sections 26A
or 26AE
of the Therapeutic Goods
Act 1989 (the Act).
Medicines that are listed in the Register under section
26A of the Act are considered to be low risk and are not individually
evaluated before they are listed. Medicines that are listed in the Register
under section 26AE of the Act are also considered to be low risk, but are
evaluated based on whether the efficacy of the medicine has been
satisfactorily established.
As the safety and quality of medicines listed under
sections 26A and 26AE are not evaluated by the Therapeutic Goods
Administration before being given marketing approval, the Act contains
mechanisms to help ensure that those medicines are of appropriate quality and
able to be used safely by consumers. In particular, medicines listed under
section 26A and 26AE may only contain ingredients from an approved list of
ingredients that have been evaluated in relation to their quality and safety
and suitability for use in such medicines.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20 February
2023 [F2023L00122]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Health and Aged Care
Commencement: 1 March 2023
Made under: subsection
26BB(1) of the Therapeutic
Goods Act 1989
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
-
‘Australian
Register of Therapeutic Goods’, Therapeutic Goods Administration.
-
‘Changes
to the Permissible Ingredients Determination’, Therapeutic Goods
Administration.
-
‘What we
do’, Therapeutic Goods Administration.
-
‘Changes
applying to evaluation of new substances for listed medicines’,
Therapeutic Goods Administration.
-
Rosalind Hewett, Rebecca Storen, Emma Vines and Alex Grove, Therapeutic
goods: a quick guide, Research paper series, 2021– 22, (Canberra:
Parliamentary Library, 2022).
|
Back to top
Home Affairs
AusCheck Legislation Amendment (Critical Infrastructure
Background Check) Regulations 2023 [F2023L00111]
What it does:
|
Other Details:
|
The instrument amends the AusCheck Regulations
2017 to provide for the establishment and operation of the AusCheck
background checking scheme for an individual for whom a critical infrastructure
risk management program (CIRMP) permits a background check under the AusCheck
scheme.
The AusCheck Act 2007
was amended in 2022 by the Security
Legislation Amendment (Critical Infrastructure Protection) Act 2022
to extend the AusCheck scheme to enable background checking of an individual
if a responsible entity for a critical
infrastructure asset has a CIRMP that permits a background check to be
conducted under the AusCheck scheme.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
February 2023 [F2023L00111]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 17 February 2023
Made under: paragraph
8(1)(ba) of the AusCheck Act 2007
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Migration Amendment (Status of
Forces Agreement—Fiji and Timor-Leste) Regulations 2023 [F2023L00125]
What it does:
|
Other Details:
|
The instrument amends the Migration Regulations
1994 to prescribe Fijian and Timor-Leste armed forces, civilian component
personnel and their dependants, coming under the Status of Forces Agreement
(SOFA) between Australia and Fiji and Australia and Timor-Leste respectively,
for the purposes of being taken to be granted a Special Purpose Visa (SPV) to
travel to and enter Australia to perform official duties under the SOFA.
Under the Migration Act
1958, a person having a prescribed status is taken to be granted a
special purpose visa by operation of law, without the person having to apply
for the visa. The Regulations implement Article 7 of the Fiji SOFA and
Article 4 of the Timor-Leste SOFA by including members of the Fijian and
Timor-Leste armed forces, civilian component personnel and their dependants,
who hold the relevant documents, as classes of persons for the purposes of
being taken to be granted a SPV.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00125]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: Sections 1 to 4 commenced on 21
February 2023.
Schedule 1 commences on the day the Agreement between Australia and the
Republic of Fiji on Cooperation in the Field of Defence and the Status of
Visiting Forces, done at Nadi on 20 October 2022, comes into force for
Australia.
Schedule 2 comes into force the day the Agreement
between Australia and the Democratic Republic of Timor‑Leste on Cooperation in the Field of
Defence and the Status of Visiting Forces, done at Canberra on 7 September
2022, comes into force for Australia.
Made under: subsection
504(1) and paragraph 33(2)(a)
of the Migration
Act 1958
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status
Visas) Regulations 2023 [F2023L00099]
What it does:
|
Other Details:
|
Amends the Migration
Regulations 1994 to facilitate the transition to permanent residence of
persons who arrived in Australia before the commencement date and who applied
for or obtained temporary protection in Australia through a Subclass 785
(Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise)
(SHEV) visa.
Certain persons
who hold or have held a TPV or a SHEV, as well as certain children born in
Australia to those persons, will be able to make an application for the
Subclass 851 Resolution of Status visa (RoS). The criteria for making a valid
application for that visa are amended accordingly. In addition, the
Minister’s intention is to exercise the Minister’s personal powers to lift
any relevant application bars that would prevent an application being
made.
The RoS is an
existing subclass of permanent visa. There are no substantive criteria for
the RoS other than the public interest criteria relating to health, national
security and character.
The TPV and SHEV allow certain persons who entered Australia
without a valid visa, or who were not immigration cleared on arrival, to stay
temporarily in Australia for a period of three years holding a TPV or five
years holding a SHEV. The visa is granted following an assessment that
Australia owes protection obligations in respect of a visa applicant, and the
visa is granted to that applicant and to members of the same family unit,
subject to the satisfaction of certain public interest criteria.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13
February 2023 [F2023L00099]
Tabled in House of Representatives: 14 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 14 February 2023
Made under: section
504 of the Migration
Act 1958
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Security of Critical Infrastructure
(Critical infrastructure risk management program) Rules (LIN 23/006) 2023 [F2023L00112]
What it does:
|
Other Details:
|
Part 2A of the Security of
Critical Infrastructure Act 2018 (the Act) provides that the
responsible entity for one or more critical
infrastructure assets, to which Part 2A applies, must have, and comply
with, a critical infrastructure risk management program (CIRMP) unless an
exemption applies.
A CIRMP is a written program, the purpose of which under paragraph
30AH(1)(b) of the Act is to require a responsible entity for a critical
infrastructure asset:
-
to identify each hazard where there is a material risk that the
occurrence of the hazard could have a relevant impact on the asset; and
-
so far as it is reasonably practicable to do so—to minimise or
eliminate any material risk of such a hazard occurring; and
-
so far as it is reasonably practicable to do so—to mitigate the
relevant impact of such a hazard on the asset.
The instrument specifies critical infrastructure assets to
which Part 2A of the Act applies and specifies the CIRMP requirements for the
responsible entities for those assets.
See the Explanatory
Statement for the instrument for further information.
See also Security of
Critical Infrastructure (Naval shipbuilding precinct) Rules (LIN 23/007) 2023
[F2023L00113], discussed below.
|
Registered on Federal Register of Legislation: 16
February 2023 [F2023L00112]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 17 February 2023
Made under: section
61 of the Security
of Critical Infrastructure Act 2018
Regulation Impact Statement: A regulation
impact statement that covers the measures in the instrument has been
prepared (see page 4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
-
‘Critical
Infrastructure’, Department of Home Affairs.
-
Cameron Whittfield, Peter Jones and Marine Giral, ‘Demystifying
Australia's recent Security of Critical Infrastructure Act reforms’, Herbert
Smith Freehills, 5 October 2022.
-
John Dieckmann, Margaret Gigliotti, Tom Middleton, Ignatius
Quin, ‘Reforms
to Security of Critical Infrastructure legislation to significantly impact
management of cyber risk’, Clayton Utz, 9 June 2022.
-
Michael Park, Valeska Bloch, William Coote, Max Jones,
Elizabeth Brown, ‘Just
in time: the full spectrum of amendments to the Security of Critical
Infrastructure regime now passed’, Allens Linklaters, 22 April
2022.
-
Lesley Sutton, Dal Lim, and Hannah Kaine, ‘Rules,
rules and more rules - further reform of Australia’s critical infrastructure
laws’, Gilbert + Tobin, 22 December 2021.
|
Security of Critical Infrastructure
(Naval shipbuilding precinct) Rules (LIN 23/007) 2023 [F2023L00113]
What it does:
|
Other Details:
|
The instrument prescribes the naval shipbuilding and
sustainment assets at the Osborne Naval Shipyard on the Lefevre Peninsula,
South Australia as critical infrastructure assets.
Part 2A of the Security of
Critical Infrastructure Act 2018 (the Act) provides that the
responsible entity for one or more critical infrastructure assets, to which
Part 2A applies, must have, and comply with, a critical infrastructure risk
management program (CIRMP) unless an exemption applies.
A CIRMP is a written program, the purpose of which under paragraph
30AH(1)(b) of the Act is to require a responsible entity for a critical
infrastructure asset:
-
to identify each hazard where there is a material risk that the
occurrence of the hazard could have a relevant impact on the asset; and
-
so far as it is reasonably practicable to do so—to minimise or
eliminate any material risk of such a hazard occurring; and
-
so far as it is reasonably practicable to do so—to mitigate the
relevant impact of such a hazard on the asset.
The instrument specifies critical infrastructure assets to
which Part 2A of the Act applies and specifies the CIRMP requirements
for the responsible entities for those assets.
See the Explanatory
Statement for the instrument for further information.
See also Security of
Critical Infrastructure (Critical infrastructure risk management program)
Rules (LIN 23/006) 2023 [F2023L00112], discussed above.
|
Registered on Federal Register of Legislation: 16
February 2023 [F2023L00113]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Home Affairs
Commencement: 17 February 2023
Made under: section
61 of the Security
of Critical Infrastructure Act 2018
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
-
‘Critical
Infrastructure’, Department of Home Affairs.
-
Lefevre
Peninsula upgrades to support growing defence industry, South Australian
Department for Infrastructure and Transport, 22 December 2022.
-
Cameron Whittfield, Peter Jones and Marine Giral, ‘Demystifying
Australia's recent Security of Critical Infrastructure Act reforms’, Herbert
Smith Freehills, 5 October 2022.
-
John Dieckmann, Margaret Gigliotti, Tom Middleton, Ignatius
Quin, ‘Reforms
to Security of Critical Infrastructure legislation to significantly impact
management of cyber risk’, Clayton Utz, 9 June 2022.
-
Michael Park, Valeska Bloch, William Coote, Max Jones,
Elizabeth Brown, ‘Just
in time: the full spectrum of amendments to the Security of Critical
Infrastructure regime now passed’, Allens Linklaters, 22 April
2022.
-
Lesley Sutton, Dal Lim, and Hannah Kaine, ‘Rules,
rules and more rules - further reform of Australia’s critical infrastructure
laws’, Gilbert + Tobin, 22 December 2021.
|
Transport Security Legislation
Amendment (Criminal Intelligence Threshold) Regulations 2023 [F2023L00192]
Back to top
Industry, Science and Resources
Industry Research and Development (Community Batteries for
Household Solar Program) Instrument 2023 [F2023L00094]
What it does:
|
Other Details:
|
Prescribes the Community Batteries for Household Solar Program
for the purposes of section 33 of the Industry
Research and Development Act 1986.
The Program provides $29 million to install 58 community
batteries in specified locations as part of the Australian Government’s
commitment to install 400 community batteries under the Powering Australia
policy.
The Program will run over 4 years from 2022-23 to 2025-26.
The Program will provide funding to install, connect and operate community
batteries in 58 locations.
The intended outcomes of the Program are:
-
put downward pressure on household electricity costs
-
contribute towards lowering emissions
-
provide a net benefit to the electricity network, having regard
to matters such as network constraints
-
store solar energy for later use or sharing, and support
further solar installations
-
allow households that cannot install solar panels to enjoy the
benefits of renewable energy through shared community storage.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
February 2023 [F2023L00094]
Tabled in House of Representatives: 9 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 9 February 2023
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) engaged with the Department of Industry, Science and
Resources about this instrument in accordance with paragraph
(c) of Senate Standing Order 23(3): Delegated Legislation Committee, Delegated
Legislation Monitor, 3, 2023, 8 March 2023, 35.
The Committee has concluded its consideration of the
instrument and has made no further comment: see Delegated Legislation
Committee, Delegated
Legislation Monitor, 4, 2023, 29 March 2023, 31.
Commentary:
-
‘Information
about the Program’, Australian Renewable Energy Agency.
-
‘Powering
Australia’, Department of Climate Change, Energy, the Environment and
Water.
-
‘Community
battery grant guidelines now available’, Department of Climate Change,
Energy, the Environment and Water.
-
‘Community
Batteries’, Ausgrid.
-
‘Community
Batteries for Household Solar Program Funding’, Yarra Energy Fund.
-
‘Community
Batteries for Household Solar Program - Delivery of Election Commitments
Stream 1’, Business.gov.au.
-
‘Community
Batteries for Household Solar Program - Delivery of Election Commitments
Stream 2’, Business.gov.au.
-
‘Current
Grant Opportunity View - GO5883’, GrantConnect.
-
‘Community
batteries are helping neighbours in Australia share energy – here’s how’,
World Economic Forum.
Resources: none identified
|
Industry Research and Development
(Flinders University Factory of the Future Program) Instrument 2023 [F2023L00198]
What it does:
|
Other Details:
|
The instrument prescribes the Flinders University Factory
of the Future Program pursuant to section
33 of the Industry Research
and Development Act 1986 (the IR&D Act).
Once a program is prescribed under section 33, subsection
34(1) of the IR&D Act allows the Commonwealth to make, vary or
administer arrangements in relation to activities under the prescribed
program.
The program provides $10 million over the 2022–23, 2023–24
and 2024–25 financial years to Flinders University to:
-
establish and operate a permanent facility at the Tonsley
Innovation District, South Australia, to carry out research and development
into advanced manufacturing and digital technologies
-
develop and administer industry co‑investment programs aimed at supporting
small‑to‑medium enterprises to
develop and apply advanced manufacturing and digital technologies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 7
March 2023 [F2023L00198]
Tabled in House of Representatives: 8 March 2023
Tabled in Senate: 9 March 2023
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 8 March 2023
Made under: section
33 of the Industry Research
and Development Act 1986
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
-
‘About’,
Factory of the Future.
-
‘Vision’, Tonsley
Innovation District.
|
Industry Research and Development
(Supporting Australia’s Textiles, Clothing and Footwear Industry Program)
Instrument 2023 [F2023L00117]
What it does:
|
Other Details:
|
The instrument provides the legislative authority for the Supporting
Australia's Textiles, Clothing and Footwear Industry grant program. The program
provides an ad hoc grant to Homeworker
Code Committee Incorporated, trading as Ethical Clothing Australia, to
expand and promote its accreditation arrangement for businesses in the
textiles, clothing and footwear industry. The program will support an
industry-led campaign to help consumers choose ethically-sourced Australian
textiles, clothing and footwear.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
February 2023 [F2023L00117]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Industry, Science and Resources
Commencement: 18 February 2023
Made under: section
33 of the Industry
Research and Development Act 1986
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
resolved to draw the Senate's attention to Commonwealth expenditure
authorised by this instrument made under the Industry Research
and Development Act 1986 under Senate
standing order 23(4): Delegated Legislation Committee, Delegated
Legislation Monitor, 3, 2023, 8 March 2023, 46.
Commentary:
Resources:
|
Back to top
Infrastructure, Transport, Regional Development,
Communications and the Arts
CASA ADCX 002/23 - Repeal of Airworthiness
Directive AD/A320/1 [F2023L00123]
What it does:
|
Other Details:
|
The instrument repeals AD/A320/1 - Artus
Transformer Rectifiers (AD/A320/1), which applies to specified Airbus
A320 series aeroplanes, because the requirements of AD/A320/1 have been
cancelled by AD
2023-0019-CN, which took effect upon issuance by the European Union
Aviation Safety Agency on 20 January 2023.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00123]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 February 2023
Made under: subregulation
39.001(1) of the Civil Aviation
Safety Regulations 1998
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA 08/23 – Directions – TRAs and
TDAs outside Australian Territory – Instrument 2023 (No. 1) [F2023L00116]
What it does:
|
Other Details:
|
The primary purpose of this instrument is to urgently
facilitate the expeditious declaration of emergency or other short-notice
temporary restricted areas (TRAs) in Australian-administered airspace outside
Australian territory, or outside and straddling Australian territory
(external TRAs).
The need for emergency or short-notice external TRAs to
which the direction might apply is present and ongoing. It typically arises
when there is unexpected, but unavoidable, temporary air traffic controller
absence from an air traffic control group responsible for air traffic control
in a particular segment of Australian-administered airspace.
The instrument also facilitates the expeditious
declaration of:
-
TRAs when temporary military exercises are planned involving
offshore airspace, or when offshore rocket launch activities are to be
undertaken and
-
temporary danger areas in Australian-administered airspace
outside Australian territory.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
February 2023 [F2023L00116]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 February 2023
Made under: regulation
11.245 of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX11/23 — The Bright Open
Instrument 2023 [F2023L00097]
What it does:
|
Other Details:
|
The instrument enables participants in the Bright Open
2023 to fly a paraglider at or above a height of 5,000 feet above mean sea
level in the vicinity of the Wangaratta aerodrome without complying with
particular regulatory requirements relating to the carriage of an aircraft
very high frequency radio.
The instrument also contains conditions and directions
imposed by the Civil Aviation Safety Authority in the interest of the safety
of air navigation.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8 February
2023 [F2023L00097]
Tabled in House of Representatives:
13 February 2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 11 February 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
9 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX12/23 – Amendment of CASA
EX87/21 – Instrument 2023 (No. 1) [F2023L00130]
What it does:
|
Other Details:
|
The instrument amends CASA EX87/21 –
Flight Operations Regulations – SMS, HFP&NTS and T&C Systems –
Supplementary Exemptions and Directions Instrument 2021 to extend the
time for operator compliance with conditions that allow an exemption from
various parts of the Flight Operations Regulations (FORs).
CASA has
decided that it is necessary to extend this period of exemption, subject to
conditions, to enable all relevant operators to make a safe and appropriate
transition to the requirements of the new FORs.
See the Explanatory
Statement for the instrument for further information.
See also
discussed below.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00130]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 February 2023
Made under: regulations
11.160, 11.205,
11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX14/23 – Amendment of CASA
EX82/21 – Instrument 2023 (No. 1) [F2023L00131]
What it does:
|
Other Details:
|
The instrument amends the CASA EX82/21 – Part
119 of CASR – Supplementary Exemptions and Directions Instrument 2021 to
extend the time for operator compliance with conditions that allow an
exemption from various parts of the Flight Operations Regulations (FORs).
CASA has
decided that it is necessary to extend this period of exemption, subject to
conditions, to enable all relevant operators to make a safe and appropriate
transition to the requirements of the new FORs.
See the Explanatory
Statement for the instrument for further information.
See also
discussed below, and
discussed above.
|
Registered on Federal Register of Legislation: 21
February 2023 [F2023L00131]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 22 February 2023
Made under: regulations
11.160, 11.205,
11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified.
Resources:
|
CASA EX15/23 – Amendment of CASA
EX83/21 – Instrument 2023 (No. 1) [F2023L00126]
What it does:
|
Other Details:
|
The instrument amends CASA EX83/21 – Part
121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument
2021 to extend the time for operator compliance with conditions that allow
an exemption from various parts of the Flight Operations Regulations (FORs).
CASA has
decided that it is necessary to extend this period of exemption, subject to
conditions, to enable all relevant operators to make a safe and appropriate
transition to the requirements of the new FORs.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed above.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00126]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 February 2023
Made under: regulations
11.160, 11.205,
11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX16/23 – Amendment of CASA
EX86/21 – Instrument 2023 (No. 1) [F2023L00132]
What it does:
|
Other Details:
|
The instrument amends CASA EX86/21 – Part
138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument
2021 (CASA EX86/21). It extends
the repeal date of CASA EX86/21 to the end of 28 February 2025 to avoid
the confusion that might arise from certain ‘cease to have effect’ provisions
in the instrument coinciding with the repeal date of the instrument.
The instrument
also amends CASA EX86/21 to extend the cessation date of an exemption in CASA
EX86/21 from 1 March 2023 to 1 September 2023. The exemption relates to
certain personnel in relation to training and checking systems.
See the Explanatory
Statement for the instrument for further information.
See also
discussed above.
|
Registered on Federal Register of Legislation: 22
February 2023 [F2023L00132]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 23 February 2023
Made under: regulations
11.160, 11.205,
11.245
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified.
Resources:
|
CASA
EX17/23 — Pre-deployment Drug and Alcohol Testing Exemption 2023 [F2023L00149]
What it does:
|
Other Details:
|
The instrument permits an organisation that is required to
have a drug and alcohol management plan (a DAMP organisation) to use
pre-hiring drug and alcohol tests to comply with the requirement to test
newly-hired employees and, in some circumstances, employees being reassigned
within the organisation.
To achieve this, the instrument grants an exemption to
DAMP organisations from the requirement in paragraph
99.050(2)(a) of the Civil Aviation
Safety Regulations 1998 to drug and alcohol test an employee and
contractor who is commencing safety-sensitive aviation activities (SSAA) as a
regular SSAA employee, if the person has been tested less than 90 days ago
and the test results were not positive.
This exemption negates what otherwise would be a
requirement for multiple drug and alcohol tests within a relatively short
period of time. It also allows DAMP organisations that contract with third
parties to rely on the third party’s test, without undertaking their own
employee testing.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27
February 2023 [F2023L00149]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: regulation
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA
EX18/23 — CASR Subpart 99.B DAMP Requirements for Foreign Air Transport AOC
Holders Exemption 2023 [F2023L00144]
What it does:
|
Other Details:
|
The instrument exempts foreign air transport Air
Operator’s Certificate holders engaged in international air navigation in
Australia (but not engaged in domestic air navigation in Australia) from the
requirement in Part
99 of the Civil
Aviation Safety Regulations 1998 (CASR) to have a drug and alcohol
management plan, provided that certain conditions are met. These conditions
are based on key provisions of Subpart
99.B of the CASR.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00144]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: regulation
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
7 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA EX23/23 — Operations by Sport
and Recreational Aircraft in Restricted Area R979A (Australian International
Airshow and Aerospace & Defence Exposition) Exemption 2023 [F2023L00137]
What it does:
|
Other Details:
|
The instrument provides exemptions from specified
provisions of the following Civil Aviation Orders to enable the operation of
certain sport and recreational aircraft for the purposes of participation or
display at the Australian International Airshow and Aerospace and Defence
Exposition 2023, which will be held at Avalon aerodrome in Victoria between
28 February 2023 and 5 March 2023.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 23
February 2023 [F2023L00137]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 24 February 2023
Made under: regulations
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
8 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA
EX28/23 — Class 1 Medical Certificate (Certain Flights by Holders of a
Commercial Pilot Licence or Air Transport Pilot Licence) Exemption 2023
[F2023L00154]
What it does:
|
Other Details:
|
The instrument renews an exemption that permits the holder
of a commercial pilot or air transport pilot licence to exercise the
privileges of the licence to conduct certain flights while holding a class 2
medical certificate instead of a class 1 medical certificate. The exemption
will cover a flight that is not conducted, wholly or in part, in a foreign
country, is in an aircraft with a maximum take-off weight less than 8,618 kg,
and does not carry a passenger.
Pilots and air traffic controllers must hold a current
medical certificate to exercise the privileges of their licence. Different
classes of medical certificate reflect a pilot’s licence type and what the
pilot can do under that licence.
In general, pilots need a class 1 medical certificate to
exercise privileges under the following licenses:
-
air transport pilot licence
-
commercial pilot licence (other than balloons)
-
multi-crew pilot (aeroplane) licence
-
flight engineer licence
-
student flight engineer licence.
In general, pilots need a class 2 medical certificate to
exercise privileges under the following licences:
-
recreational pilot licence
-
private pilot licence
-
commercial pilot (balloon) licence.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00154]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: regulation
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
CASA
EX30/23 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2023
[F2023L00152]
What it does:
|
Other Details:
|
The instrument exempts persons who meet specified criteria
from compliance with certain provisions of the Civil Aviation
Safety Regulations 1998 (CASR) so that those persons do not have to
comply with CASR requirements to have an exposition
that adheres to the specifications in the Part
145 Manual of Standards relating to maintenance activities under the Civil Aviation
Regulations 1988.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27
February 2023 [F2023L00152]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: regulation
11.160 of the Civil Aviation
Safety Regulations 1998
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Communications Legislation
(Protected Symbols) Determination 2023 [F2023L00148]
What it does:
|
Other Details:
|
The instrument repeals the Protected Symbols
Determination 2013 and determines the design of the Regulatory Compliance
Mark (RCM) as a protected symbol.
Prior to 2013, the A-Tick and C-Tick were symbols specified
for the purposes of the ACMA’s equipment supply framework. These have been
consolidated into the RCM. The continued use of the A-Tick and C-Tick
compliance marks by suppliers for stock that was labelled before the end of
February 2016 is permitted. However, the A-Tick and C-Tick are no longer
protected symbols for the purposes of the Radiocommunications Act 1992.
The instrument specifies the RCM as the only protected
symbol to demonstrate compliance with applicable standards within the ACMA’s
equipment supply framework for radiocommunications equipment (including EME
and EMC standards), and customer equipment and customer cabling. The
instrument also specifies the permissible purposes for which the RCM may be
used or applied.
The RCM is depicted below:
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00148]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 25 February 2023
Made under: subsection
417(7) and subparagraph
417(8)(b)(i) of the Telecommunications
Act 1997, and subsections
165(9) and 166(2)
Radiocommunications
Act 1992
Regulation Impact Statement: The Office of Impact
Analysis indicated a self-assessment was to be undertaken to certify that the
instrument is operating efficiently and effectively (OIA reference
OBPR22-03412). The ACMA has certified that the Protected Symbols
Determination was operating efficiently and effectively (see page 5 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Marine Order 98 (Harmful anti-fouling systems) 2023 [F2023L00103]
What it does:
|
Other Details:
|
Repeals Marine Order 98
(Marine pollution - anti-fouling systems) 2013 and specifies matters for
the Protection
of the Sea (Harmful Anti-fouling Systems) Act 2006 giving effect to
survey requirements under the International Convention on the Control of
Harmful Anti-fouling Systems on Ships.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
February 2023 [F2023L00103]
Tabled in House of Representatives: 16 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 March 2023
Made under: section
24 of the Protection
of the Sea (Harmful Anti-fouling Systems) Act 2006
Regulation Impact Statement: not required (see
pages 1–2 of the Explanatory
Statement for the instrument)
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation has advised that the instrument does not
meet the Committee’s expectations under Senate
standing order 23(3)(k), in relation to exemption from sunsetting. See Delegated Legislation Committee, Delegated
Legislation Monitor, 3, 2023, 8 March 2023, 53.
Commentary:
Resources:
-
‘Control
of harmful anti-fouling systems on ships’, Department of Infrastructure,
Transport, Regional Development, Communications and the Arts.
-
‘Resolution
MPEC.195(61), Annex 16: 2010 Guidelines For Survey And Certification Of
Anti-Fouling Systems On Ships’, International Maritime Organisation.
-
‘Anti-fouling
systems’, International Maritime Organisation.
-
International
Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001
, done in London on 19 August 2002, [2008] ATS 15, (entered into force 17
September 2008).
-
‘Protection
of the sea legislation’, Department of Infrastructure, Transport,
Regional Development, Communications and the Arts.
-
‘Marine
order 98—Marine pollution—anti-fouling systems’, Australian Maritime
Safety Authority.
-
Emily Gibson, ‘Maritime
Legislation Amendment Bill 2022’, Bills Digest, 22, 2022-23,
(Canberra: Parliamentary Library, 2022).
|
Public Lending Right Scheme
(Electronic Books and Audiobooks) Modification 2023 [F2023L00204]
What it does:
|
Other Details:
|
The instrument modifies the Public Lending Right
Scheme 2016 (the PLR Scheme) to allow eligible creators and publishers of
electronic books and audiobooks access to the same lending right available to
eligible creators and publishers of physical books.
The instrument achieves this by, among other things,
amending the definition of ‘book’ contained in the PLR Scheme to include
electronic books and audiobooks.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00204]
Tabled in House of Representatives: 9 March 2023
Tabled in Senate: 20 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 9 March 2023
Made under: paragraph
5(1)(b) of the Public Lending
Right Act 1985
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference from Spectrum Licensed Transmitters – 2 GHz
Band) 2023 [F2023L00141]
What it does:
|
Other Details:
|
The instrument provides guidance to assist in managing the
potential for interference to particular radiocommunications receivers,
operating under apparatus or class licences, from interference caused by
radiocommunications transmitters operating under spectrum licences in the 2
GHz band (2 GHz transmitters), where the 2 GHz transmitters operate in
adjacent geographic areas, or adjacent frequency bands, to those receivers.
See the Explanatory
Statement for the instrument for further information.
See also:
discussed below.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00141]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 25 February 2023
Made under: section
262 of the Radiocommunications
Act 1992
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified.
Resources:
|
Radiocommunications Advisory
Guidelines (Managing Interference to Spectrum Licensed Receivers – 2 GHz Band)
2023 [F2023L00153]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Radiocommunications
Advisory Guidelines (Managing Interference to Spectrum Licensed Receivers – 2
GHz Band) 2016 (the Receiver Advisory Guidelines).
The purpose of the instrument is to provide guidance to
assist in managing the potential for interference to particular
radiocommunications receivers, operating under a spectrum licence, from
interference caused by radiocommunications transmitters operated under an apparatus
or class licence or from 2 GHz transmitters, where the transmitters operate
in adjacent geographic areas, or adjacent frequency bands, to those
receivers.
The Australian Communications and Media Authority will
consider the instrument when determining whether an apparatus licensee, class
licensee or spectrum licensee is causing interference to a spectrum licensed
radiocommunications receiver that is operating in accordance with its licence
conditions.
See the Explanatory
Statement for the instrument for further information.
See also the Radiocommunications
Advisory Guidelines (Managing Interference from Spectrum Licensed
Transmitters – 2 GHz Band) 2023 [F2023L00141], discussed
above and the
Radiocommunications
(Unacceptable Levels of Interference – 2 GHz Band) Determination 2023
[F2023L00159], discussed below.
|
Registered on Federal Register of Legislation: 27
February 2023 [F2023L00153]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 28 February 2023
Made under: section
262 of the Radiocommunications
Act 1992
Regulation Impact Statement: not required (see page
6 of the Explanatory
Statement for the instrument)
Committee comment:
Commentary:
Resources:
|
Radiocommunications Equipment
(General) Amendment Rules 2023 (No. 1) [F2023L00146]
What it does:
|
Other Details:
|
The instrument amends the Radiocommunications
Equipment (General) Rules 2021 (General Equipment Rules) to:
-
repeal 13 of the old general standards, and the Radiocommunications
(Compliance Labelling – Devices) Notice 2014, and includes their content
into the General Equipment Rules and, in doing so, adopts five additional
international documents to provide suppliers with greater flexibility to
achieve compliance with technical performance requirements
-
repeals redundant Radiocommunications standards
-
amends the General Equipment Rules to replace the interim
International Electrotechnical Commission (the IEC) EME test method standard with
new test method standards recently published by the IEC and the Institute of
Electrical and Electronics Engineers (IEEE), and
-
amends the General Equipment Rules to include an exemption for
devices used in connection with a ‘significant event’ declared by the ACMA by
notifiable instrument, which largely replicates an exemption that appeared in
the old general standards.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00146]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 25 February 2023
Made under: subsection
156(1) of the Radiocommunications
Act 1992
Regulation Impact Statement: not required (see page
9 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Radiocommunications (Low
Interference Potential Devices) Class Licence Variation 2023 (No. 1) [F2023L00142]
What it does:
|
Other Details:
|
The instrument amends the Radiocommunications
(Low Interference Potential Devices) Class Licence 2015 (LIPD Class
Licence) to replace the definition of ‘significant event’ with a new
definition that covers an event declared by the ACMA.
Before the commencement of the instrument, the LIPD Class
Licence defined the term ‘significant event’ as an event at a specified
location or locations approved by the Chair of the ACMA and notified on the
ACMA website.
See the Explanatory
Statement for the instrument for further information.
See also the Radiocommunications
Equipment (General) Amendment Rules 2023 (No. 1) [F2023L00146], discussed
above.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00142]
Tabled in House of Representatives: 6 March 2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 2 March 2023
Made under: subsection
132(1) of the Radiocommunications
Act 1992
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified.
Resources:
|
Radiocommunications (Trading Rules
for Spectrum Licences) Determination 2023 [F2023L00118]
What it does:
|
Other Details:
|
The instrument sets out the rules for the trading of
spectrum licences, in accordance with section 88 of the Radiocommunications
Act 1992 (the Act).
A spectrum licence authorises the licensee to operate
radiocommunications devices in the parts of the spectrum, and the geographic
areas, specified in the conditions of the licence. Subsection 85(1) of the Act
provides that the licensee of a spectrum licence may assign, or otherwise
deal with, the whole or any part of the licence. Subsection 85(2) provides
that an assignment must comply with any rules made under section 88 of the Act.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
February 2023 [F2023L00118]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 18 February 2023
Made under: subsection
88(1) of the Radiocommunications
Act 1992
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified.
Resources:
|
Radiocommunications
(Unacceptable Levels of Interference – 2 GHz Band) Determination 2023 [F2023L00159]
Telecommunications (Carrier Licence Conditions) Amendment (Networks
supplying Superfast Carriage Services to Residential Customers) Instrument 2022
[F2023L00098]
What it does:
|
Other Details:
|
Amends the Carrier Licence
Conditions (Networks Supplying Superfast Carriage Services to Residential
Customers) Declaration 2014 to allow associates of a carrier that do not
supply retail or wholesale superfast carriage services or specified broadband
services to residential customers to be included in a Functional Separation
Undertaking (FSU) for the purposes of the Declaration.
Superfast carriage services are those which provide
downloads of >25 Megabits per second.
The Declaration closed a loophole that allowed carriers to
extend business networks by up to one kilometre into residential areas
(particularly to multi‑dwelling
units) and offer vertically integrated services. The Declaration addressed
concerns that vertically integrated networks could create local access
bottlenecks that impede effective retail competition and that such operations
therefore have an unfair competitive advantage over other networks that are subject
to the rules in the Telecommunications
Act 1997.
Amendments to
the Declaration to cover associates of the carrier are required to allow the Declaration
to fall away in its entirety if an FSU was accepted by the ACCC. If not, a
carrier could be in the position where it could be regulated under both the
FSU and the Declaration which would duplicate reporting and regulatory effort
by both the carrier and the ACCC.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9 February
2023 [F2023L00098]
Tabled in House of Representatives: 13 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 10 February 2023
Made under: subsection
63(5) of the Telecommunications
Act 1997
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Telecommunications Legislation
Amendment (Significant Event) Instrument (No. 1) 2023 [F2023L00151]
What it does:
|
Other Details:
|
The instrument amends the Telecommunications
(Labelling Notice for Customer Equipment and Customer Cabling) Instrument
2015 (Telecommunications Labelling Notice) and the Telecommunications
(Types of Cabling Work) Declaration 2013 (the Declaration) to
replace the definition of ‘significant event’ with a new definition that
covers an event declared by the Australian Communications and Media Authority
(ACMA).
The Telecommunications Labelling Notice applies to items
of specified customer equipment and specified customer cabling, and requires
manufacturers or importers of items of the equipment or cabling to apply a
label to each item to indicate compliance or non-compliance with any
applicable technical standards and keep certain labelling records. It is an
offence to connect customer equipment or customer cabling that is required to
be so labelled to a telecommunications network or a facility unless it is so
labelled. However, the Telecommunications Labelling Notice does not apply to items
of customer equipment or customer cabling that are to be connected to a
telecommunications network in relation to a significant event where the
manager of the network or facility has given written consent to the
connection for the duration of the event.
The Declaration declares specified kinds of cabling work
for the purposes of the Telecommunications
Act 1997 (the Act). Specified cabling work must be performed in
compliance with the Telecommunications
Cabling Provider Rules 2014 (the Provider Rules), subject to some
exemptions contained in the Declaration. Examples of cabling work exempt from
compliance with the Provider Rules include cabling work that involves
the installation or maintenance of customer cabling that is for use in
relation to broadcasting content for the duration of a significant event.
See the Explanatory
Statement for the instrument for further information.
See also the Radiocommunications
Equipment (General) Amendment Rules 2023 (No. 1) [F2023L00146], discussed
above.
|
Registered on Federal Register of Legislation: 27
February 2023 [F2023L00151]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 2 March 2023
Made under: subsections
407(1) and 419(1)
of the Telecommunications
Act 1997
Regulation Impact Statement: not required (see
pages 3 to 4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary:
Resources:
|
Vehicle Standard (Australian Design
Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 4 [F2023L00115]
Vehicle Standard (Australian Design
Rule 80/04 – Emission Control for Heavy Vehicles) 2023 [F2023L00129]
What it does:
|
Other Details:
|
The instrument sets exhaust emission requirements for
internal combustion engines used in heavy vehicles (vehicles with a gross
vehicle mass over 3.5 tonnes).
The policy intent of the requirements mandated through the
instrument is to reduce the public health impacts of exhaust emissions
produced by heavy road motor vehicles, such as oxides of nitrogen and
particulate matter, which can cause respiratory and cardiovascular illnesses
and cancer.
See the Explanatory
Statement for the instrument for further information.
See also Vehicle Standard
(Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006
Amendment 4 [F2023L00115], discussed above.
|
Registered on Federal Register of Legislation: 20
February 2023 [F2023L00129]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 21 February 2023
Made under: section
12 of the Road
Vehicle Standards Act 2018
Regulation Impact Statement: A Regulation
Impact Statement has been prepared for this
instrument.
Committee comment: none identified
Commentary:
Resources:
-
‘Questions and answers on the new ADR 80/04’, Department
of Infrastructure, Transport, Regional Development, Communications and the
Arts.
-
‘Australian
Design Rules’, Department of Infrastructure, Transport, Regional
Development, Communications and the Arts.
-
‘Vehicle
emission standards’, Department of Infrastructure, Transport, Regional
Development, Communications and the Arts.
|
Back to top
Prime Minister and Cabinet
Corporations (Aboriginal and Torres Strait Islander)
(Eligible Officer Exclusion – resigned directors) Determination 2023 [F2023L00121]
Remuneration Tribunal Amendment
Determination (No. 1) 2023 [F2023L00178]
What it does:
|
Other Details:
|
In January 2023, the Remuneration Tribunal Secretariat
became aware of inadvertent changes to the effect of official travel
provisions for Justices of the High Court, as a result of minor adjustments
made to the wording of these provisions in July 2018.
The instrument, with respect to official travel for
Justices of the High Court, clarifies a Justice’s broader entitlement to an
amount in lieu of travelling allowance, that would otherwise be payable to
the Justice under the official travel determination. A Justice’s entitlement
to an amount in lieu of travelling allowance is not precluded where the
Justice establishes a place of residence in Canberra, provided the Justice
does not establish a principal place of residence in Canberra.
The clarification ensures a broader application of the
entitlement, consistent with the Tribunal’s original intent.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1
March 2023 [F2023L00178]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Prime Minister and Cabinet
Commencement: Schedule 1, items 1 to 5, commenced
on 1 July 2018, 1 July 2019, 1 July 2020, 1 July 2021, and 1 July 2022,
respectively. The remainder of the instrument commenced on 2 March 2023.
Made under: subsections
7(3) and (4)
of the Remuneration
Tribunal Act 1973
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
-
‘About’,
Remuneration Tribunal.
|
Remuneration Tribunal Amendment
Determination (No. 2) 2023 [F2023L00181]
Back to top
Social Services
Social Security (Administration) (Declared income
management areas — Ceduna and Surrounding Region) Repeal Determination 2023 [F2023L00191]
What it does:
|
Other Details:
|
The instrument repeals the Social Security (Administration) (Declared income
management areas — Ceduna and Surrounding Region) Determination 2014.
Part
3B of the Social
Security (Administration) Act 1999 (the Act) establishes an
income management regime for recipients of certain welfare payments.
The Social Security
(Administration) Amendment (Repeal of Cashless Debit Card and Other Measures)
Act 2022 abolished the Cashless Debit Card and establishes the
enhanced income management regime for individuals or communities who wish to
keep a form of income management.
Part
3AA of the Act deals with the enhanced income management regime. A person
whose usual place of residence is within Ceduna and the surrounding region
may become subject to the enhanced income management regime if they
voluntarily agree to be subject to it.
Participants residing in Ceduna and the surrounding region
who are subject to income management because they are considered vulnerable
welfare payment recipients or on voluntary income management will have the
option to voluntarily transition to the enhanced income management regime.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2
March 2023 [F2023L00191]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 7 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: 3 March 2023
Made under: paragraph
123TGA(c) and subsection
123UCA(3) of the Social Security
(Administration) Act 1999
Regulation Impact Statement: see the Regulation
Impact Statement (RIS) prepared for the measure to Abolish the Cashless
Debit Card. The executive summary from the RIS is at page 4 of the Explanatory
Statement for the instrument.
Committee comment: none identified
Commentary:
-
Amanda Rishworth (Minister for Social Services), Linda Burney (Minister
for Indigenous Australians), Bill Shorten (Minister for the National
Disability Insurance Scheme, Minister for Government Services), Justine
Elliot (Assistant Minister for Social Services, Assistant Minister for the
Prevention of Family Violence), ‘Cashless debit card
program to end following passage of legislation’, media release, 28 September
2022.
-
Bernadette Clarke, Emma Pedler, Nicholas Ward, and Bethanie
Alderson, ‘Ceduna
prepares for the end of the cashless debit card’, ABC News, 29 September
2022.
-
Nicholas Ward, Bethanie Alderson, and Emma Pedler, ‘Scrapped
Cashless Debit Card did not live up to potential in Ceduna, social worker
says’, ABC News, 6 June 2022.
-
Ellen Whinnett, ‘Welfare
card cut, “now it's bedlam” ’, The Australian, 11 February
2023.
-
Graham Pinn, ‘Cancelling
the Cashless Debit Card: ideology trumps reality’, Spectator, 4
September 2022.
-
Josh Butler, ‘Australia’s
cashless debit card to become voluntary from 4 October, Labor says’, The
Guardian, 24 September 2022.
Resources:
|
Social Security (Administration)
(Declared income management area — Ngaanyatjarra Lands) Determination 2023 [F2023L00190]
What it does:
|
Other Details:
|
The instrument repeals the Social Security
(Administration) (Declared income management areas — Ngaanyatjarra Lands and
Laverton) Determination 2013 to ensure the continued operation of voluntary
income management in the Ngaanyatjarra Lands and remove Laverton shire as a declared
voluntary income management area and specified vulnerable income management
area.
This will ensure the continuing operation of voluntary Income
Management arrangements and the vulnerable welfare payment recipient Income Management
measure in Ngaanyatjarra Lands.
Under the Income Management regime, the Secretary will
deduct amounts from the person’s welfare payments and credit these amounts to
the person’s Income Management account. The Secretary may then debit these
amounts from the person’s Income Management account for the purposes of
taking action directed to meeting the priority needs of the person and their
children, partner and other dependants. These priority needs include food,
clothing, housing, education and utilities. A person subject to Income
Management may access their income managed money using the BasicsCard.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2
March 2023 [F2023L00190]
Tabled in House of Representatives: 6 March 2023
Tabled in Senate: 7 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: 3 March 2023
Made under: paragraph
123TGA(c) and subsection
123UCA(3) of the Social Security
(Administration) Act 1999
Regulation Impact Statement see the Regulation
Impact Statement (RIS) prepared for the measure to Abolish the Cashless
Debit Card. The executive summary from the RIS is at page 4 of the Explanatory
Statement for the instrument.
Committee comment: none identified
Commentary:
Resources:
|
Social Security (Administration)
(Declinable Transactions and BasicsCard Bank Account) Determination 2023 [F2023L00189]
What it does:
|
Other Details:
|
The instrument determines for the purposes of the enhanced
income management regime:
-
the kind of bank account to be maintained by a person who is
subject to the enhanced income management regime
-
the terms and conditions relating to the establishment, ongoing
maintenance and closure of a specified bank account
-
the kind of businesses in relation to which transactions
involving money in a relevant bank account may be declined by a financial institution.
Individuals subject to the enhanced income management
regime will receive a portion of their welfare payments in an account that is
linked to a SmartCard. This is a bank account established with Indue or
Traditional Credit Union. Amounts deposited into this account can be accessed
by a debit card, known as the SmartCard. The SmartCard does not allow cash
withdrawals, and cannot be used to purchase excluded goods (such as alcohol),
excluded services (such as gambling) or cash-like products (such as gift
cards) that could be used to obtain those goods and services.
The instrument also repeals the Social Security
(Administration) (Cashless Welfare Arrangements) (Declinable Transactions and
Welfare Restricted Bank Account) Determination 2019.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2
March 2023 [F2023L00189]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: sections 1 to 8 and Schedules 1 to 4
commence on 3 March 2023. Schedule 5 commenced on 30 March 2023.
Made under: subsections
123SU(1), 123SU(2)
and 123SV(2)
of the Social
Security (Administration) Act 1999
Regulation Impact Statement: see the Regulation
Impact Statement (RIS) prepared for the measure to Abolish the Cashless
Debit Card. The executive summary from the RIS is at page 16 of the Explanatory
Statement for the instrument.
Committee comment: none identified
Commentary: none identified
Resources:
-
Don Arthur, ‘Social
Security (Administration) Amendment (Repeal of Cashless Debit Card and Other
Measures) Bill 2022’, Bills Digest, 1, 2022–23, (Canberra:
Parliamentary Library, 2022).
-
Don Arthur and Michael Klapdor, ‘Social
Security (Administration) Amendment (Income Management Reform) Bill 2023’,
Bills Digest, 67, 2022–23, (Canberra: Parliamentary Library, 2023).
-
‘Enhanced
income management’, Social Security Guide.
-
‘Enhanced
Income Management and SmartCard’, Services Australia.
-
‘Income
Management’, Department of Social Services.
|
Social Security (Exempt Lump Sum –
NSW Taxi Licence Deregulation) Determination 2023 [F2023L00105]
What it does:
|
Other Details:
|
The instrument provides that a payment of a New South
Wales taxi transitional assistance payment is an exempt lump sum for the
purposes of paragraph
8(11)(d) of the Social Security
Act 1991 (the Act).
The taxi transitional payment is payable under the Point
to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW) for
eligible taxi licence owners to adapt to the deregulation of taxi licence
supply. Under the scheme, payments are between $40,000 and $195,000 for each
licence, depending on the operating area for the licence.
Income earned, derived or received for a person’s own use
or benefit is generally assessable as income under Commonwealth social
security law. An amount, or class of amounts, received by a person may be
specifically exempt under paragraph 8(11)(d) of the Act, which allows the
Secretary to determine that an amount or class of amounts is an exempt lump
sum.
An exempt lump sum is excluded from the definition of
‘ordinary income’ under subsection
8(1) of the Act, meaning the exempt lump sum amount is not taken into
account as part of the social security income test.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 15
February 2023 [F2023L00105]
Tabled in House of Representatives: 16 February
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: 16 February 2023
Made under: paragraph
8(11)(d) of the Social Security
Act 1991
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Social Security (Special Disability
Trust — Reporting Requirements) Amendment Determination 2023 [F2023L00150]
What it does:
|
Other Details:
|
The instrument amends the Social Security
(Special Disability Trust — Trust Deed, Reporting and Audit Requirements)
(FaHCSIA) Determination 2013 to ensure special disability trusts are able
to maintain previously applicable financial reporting requirements but remain
compliant with the Social
Security Act 1991, to avoid the more onerous financial statement
requirements under the amended Australian Accounting Standards from 1 July
2021.
A special
disability trust is a trust established primarily for succession planning by
parents and immediate family members for the current and future care and
accommodation needs of a person with a severe disability or medical
condition.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 27
February 2023 [F2023L00150]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Social Services
Commencement: 28 February 2023
Made under: subsection
1209S(4) of the Social Security
Act 1991
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Social Security (Tables for the
Assessment of Work-related Impairment for Disability Support Pension)
Determination 2023 [F2023L00188]
What it does:
|
Other Details:
|
The instrument repeals and remakes the Social Security
(Tables for the Assessment of Work-related Impairment for Disability Support
Pension) Determination 2011 to set out the rules that decision-makers
must use when assessing a person’s work-related impairment for the disability
support pension (DSP) under the Social Security
Act 1991.
To qualify for DSP, a person must have (among other
things) a physical, intellectual or psychiatric impairment and a total
impairment rating of 20 points or more under the impairment tables (Tables). The
instrument provides 15 Tables for that purpose.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 2
March 2023 [F2023L00188]
Tabled in House of Representatives: 6 March 2023
Tabled in Senate: 7 March 2023
Disallowance period (sitting days): 15 days. A motion
to disallow subsections 8(3) to 8(8) of the instrument was moved by
Greens Senator Janet Rice on 30 March 2023.
Administered by: Social Services
Commencement: 1 April 2023
Made under: subsection
26(1) of the Social Security
Act 1991
Regulation Impact Statement: none required (see
page 9 of the Explanatory
Statement for the instrument)
Committee comment:
The Standing Committee for the Scrutiny of Delegated Legislation
(Delegated Legislation Committee) is engaging with the Department of Home
Affairs about this instrument in accordance with paragraph
(h) of Senate Standing Order 23(3): Delegated Legislation Committee, Delegated
Legislation Monitor, 4, 2023, 29 March 2023, 31.
The Parliamentary Joint Committee on Human Rights (PJCHR)
has sought the Minister’s advice on:
-
whether in restricting access to the DSP in the manner set out
in the instrument, Australia is fulfilling its minimum core obligations
regarding the rights to social security and an adequate standard of living,
such that when persons are ineligible for the DSP they are still provided
with a minimum essential level of benefits
-
whether the measure is necessary and proportionate, in
particular, whether a person who does not meet the eligibility criteria can
have their individual circumstances considered and so nonetheless be provided
access to the DSP
-
whether any of the amendments in this measure are retrogressive
(in that they constitute a backwards step) when compared with the previous
legislative instrument, and if so whether this is a permissible retrogressive
measure.
See pages 35 to 42 of PJCHR, Human
Rights Scrutiny Report, 4, 2023, 29 March 2023.
At the time of writing, the Minister had not responded to
the PJCHR: ‘Ministerial
Responses’, Parliament of Australia.
Commentary:
Resources:
|
Back to top
Treasury
ASIC Market Integrity Rules
(Securities Markets) Determination 2023/157 [F2023L00202]
What it does:
|
Other Details:
|
The instrument supersedes ASIC Market
Integrity Rules (Securities Markets) Determination 2022/994 (which is repealed by the
ASIC
Market Integrity Rules (Securities Markets) Repeal Instrument 2023/158
[F2023L00201], discussed below).
The instrument maintains ASIC’s policy of determining the
allocation of Equity Market Products 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, of at least $1 million for Tier 1 Equity Market
Products and $500,000 for Tier 2 Equity Market Products (or other material
number of Trading Days if the product was not quoted during the entire
period).
Market participants must not enter into a transaction for
an equity market product unless the transaction is entered into by matching
of a pre-trade transparent order on an order book.
One exception allows a transaction to be executed without
pre-trade transparency where the consideration in the transaction is over a
certain dollar figure. That dollar figure depends on the tier of the equity
market product being transacted.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00202]
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 11 April 2023
Made under: subrule 6.2.1(4) of the ASIC Market
Integrity Rules (Securities Markets) 2017
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
ASIC Market Integrity Rules
(Securities Markets) Repeal Instrument 2023/158 [F2023L00201]
What it does:
|
Other Details:
|
The instrument repeals ASIC Market
Integrity Rules (Securities Markets) Determination 2022/994, which will
be superseded by the ASIC Market
Integrity Rules (Securities Markets) Determination 2023/157 [F2023L00202],
discussed above.
These determinations concern ASIC’s policy of allocating equity
market products to tiers.
Market participants must not enter into a transaction for
an equity market product unless the transaction is entered into by matching
of a pre-trade transparent order on an order book.
One exception allows a transaction to be executed without
pre-trade transparency where the consideration in the transaction is over a
certain dollar figure. That dollar figure depends on the tier of the equity
market product being transacted.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 8
March 2023 [F2023L00201]
Tabled in House of Representatives: 9 March
2023
Tabled in Senate: 20 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 11 April 2023
Made under: subrule 6.2.1(4) of the ASIC Market
Integrity Rules (Securities Markets) 2017
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking (prudential standard) determination
No. 1 of 2023 [F2023L00160]
What it does:
|
Other Details:
|
The instrument revokes the Banking (prudential
standard) determination No. 3 of 2022 and determines Prudential Standard
APS 330 Public Disclosure.
The instrument requires a locally-incorporated authorised
deposit-taking institution to meet minimum requirements for the public
disclosure of key information on its capital, risk exposures, remuneration
practices and, where applicable, its leverage ratio, liquidity coverage
ratio, net stable funding ratio and indicators for the identification of
potential global systemically important banks.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00160]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 28 February 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
4 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Banking
(prudential standard) determination No. 2 of 2023 [F2023L00170]
What it does:
|
Other Details:
|
The instrument revokes Banking (prudential
standard) determination No. 10 of 2022 and determines Prudential Standard
APS 120 Securitisation.
The instrument requires that an authorised deposit-taking
institution:
-
has a risk management framework covering its involvement in a
securitisation
-
ensures there is clear and prominent disclosure of the nature
and limitations of its obligations arising from its involvement in a
securitisation
-
does not provide implicit support to a securitisation
-
calculates regulatory capital for credit risk against its
securitisation exposures.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00170]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 28 February 2023
Made under: subsections
11AF(3) and 11AF(1)
of the Banking
Act 1959
Regulation Impact Statement: not required (see page
3 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Competition and Consumer
Amendment (State/Territory Coal Market Price Emergency Law) Regulations 2023
[F2023L00095]
Corporations (CS Facility
Exemption) Instrument 2023/18 [F2023L00140]
What it does:
|
Other Details:
|
The instrument exempts use case platforms in the Central
Bank Digital Currency (CBDC) Pilot project involving the operation of a
clearing and settlement (CS) facility from the requirement to hold an
Australian CS facility licence by exempting them from the operation of Part
7.3 of the Corporations
Act 2001, subject to the conditions set out in the instrument.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
February 2023 [F2023L00140]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 25 February 2023
Made under: subsection
820C(1)
of the Corporations
Act 2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: none identified
Commentary: none identified
Resources:
|
Corporations Amendment (Design and
Distribution Obligations—Income Management Regimes) Regulations 2023 [F2023L00193]
What it does:
|
Other Details:
|
The instrument amends the Corporations
Regulations 2001 to exempt
issuers of welfare payment income management accounts from the obligation to
make a determination identifying the target market for whom the income
management accounts are made under Part
7.8A of the Corporations
Act 2001.
Target market determinations describe the class of
consumers who are the target market and set out arrangements for the
distribution of the product.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
March 2023 [F2023L00193]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 7 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 4 March 2023
Made under: section
1364 of the Corporations
Act 2001
Regulation Impact Statement: not required (see page
2 of the Explanatory
Statement for the instrument)
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) has
identified a number of concerns in relation to the instrument and has sought
the Assistant Treasurer’s advice as to:
-
why it is considered necessary and appropriate to use delegated
legislation, rather than primary legislation, to introduce this exemption to
requirements in the Corporations Act
-
how the exemption in this instrument is consistent with the
exemptions in the ASIC
Corporations (Design and Distribution Obligations Interim Measures)
Instrument 2021/784, noting that the ASIC instrument appears to
self-repeal on 5 October 2023 and is subject to sunsetting while the
Corporations Regulations are not and
-
whether there is any intention to include these exemptions in
the Corporations Act and, if not, whether the instrument can be amended to
provide that the measures cease within three years after commencement.
See: Delegated Legislation Committee, Delegated
Legislation Monitor, 4, 2023, 29 March 2023, 5–7.
Commentary: none identified
Resources:
|
Corporations (Eligible Officer
Exclusion – non-individuals and resigned directors) Determination 2023 [F2023L00120]
Currency (Australian Coins)
Amendment (2023 Royal Australian Mint No. 1) Determination 2023 [F2023L00110]
What it does:
|
Other Details:
|
The instrument amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of new
non-circulating coins proposed to be issued by the Royal Australian Mint.
Subsection
13(2) and section
13A of the Currency
Act 1965 provide that the Treasurer may, by legislative
instrument, determine details of Australian coin characteristics including
denomination, standard composition, standard weight, allowable variation from
standard weight, design and dimensions.
The instrument determines 33 coins of $1, $2 and $25 in
value. The coins feature depictions of fighting kangaroos, the tooth fairy,
Legacy Australia Incorporated, the FIFA Women’s World Cup 2023, magpies,
koalas, rams, blue heelers, lobsters, Tasmanian Devils, crocodiles, the Big
Banana, the Big Pineapple, the giant Murray cod and Vegemite.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 16
February 2023 [F2023L00110]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Treasury
Commencement: 17 February 2023
Made under: subsection
13(2) and section
13A of the Currency
Act 1965
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Transitional Registry Data
Standards and Disclosure Frameworks (Repeal) Instrument 2023 [F2023L00119]
Back to top
Veterans’ Affairs
Statement of Principles concerning
cervical spondylosis (Balance of Probabilities) (No. 12 of 2023) [F2023L00177]
What it does:
|
Other Details:
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The Statement of Principles sets out the factors that must
as a minimum exist, and which of those factors must be related to the kinds of
military service rendered by a person before it can be said that, on the
balance of probabilities, cervical spondylosis is connected with the circumstances
of that service.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning cervical spondylosis (Reasonable Hypothesis) (No. 11 of
2023) [F2023L00158], discussed below.
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Registered on Federal Register of Legislation: 1
March 2023 [F2023L00177]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Veterans’ Affairs
Commencement: 27 March 2023
Made under: subsection
196B(3) of the Veterans'
Entitlements Act 1986
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Statement of Principles concerning
cervical spondylosis (Reasonable Hypothesis) (No. 11 of 2023) [F2023L00158]
Statement of Principles concerning
chronic obstructive pulmonary disease (Balance of Probabilities) (No. 18 of
2023) [F2023L00176]
Statement of Principles concerning
chronic obstructive pulmonary disease (Reasonable Hypothesis) (No. 17 of 2023)
[F2023L00175]
Statement of Principles concerning
mitral valve prolapse (Balance of Probabilities) (No. 16 of 2023) [F2023L00172]
Statement of Principles concerning
mitral valve prolapse (Reasonable Hypothesis) (No. 15 of 2023) [F2023L00171]
Statement of Principles concerning
periodic limb movement disorder (Balance of Probabilities) (No. 20 of 2023) [F2023L00180]
Statement of Principles concerning
periodic limb movement disorder (Reasonable Hypothesis) (No. 19 of 2023) [F2023L00179]
Statement of Principles concerning
thoracolumbar spondylosis (Balance of Probabilities) (No. 14 of 2023) [F2023L00165]
Statement of Principles concerning
thoracolumbar spondylosis (Reasonable Hypothesis) (No. 13 of 2023) [F2023L00164]
Statement of Principles concerning
vascular neurocognitive disorder (Balance of Probabilities) (No. 10 of 2023) [F2023L00157]
Statement of Principles concerning
vascular neurocognitive disorder (Reasonable Hypothesis) (No. 9 of 2023) [F2023L00156]
Statement of Principles concerning
warts (Balance of Probabilities) (No. 8 of 2023) [F2023L00169]
What it does:
|
Other Details:
|
The instrument sets out the factors that must as a minimum
exist, and which of those factors must be related to the kinds of military
service rendered by a person before it can be said that, on the balance of
probabilities, warts are connected with the circumstances of
that service.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning warts (Reasonable Hypothesis) (No. 7 of 2023)
[F2023L00168], discussed below.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00169]
Tabled in House of Representatives: 6 March
2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Veterans' Affairs
Commencement: 27 March 2023
Made under: subsection
196B(3) of the Veterans'
Entitlements Act 1986
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Statement of Principles concerning
warts (Reasonable Hypothesis) (No. 7 of 2023) [F2023L00168]
What it does:
|
Other Details:
|
The Statement of Principles sets out the factors that must
as a minimum exist, and which of those factors must be related to the kinds of
military service rendered by a person before it can be said that a reasonable
hypothesis has been raised connecting warts with the circumstances of that service.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning warts (Balance of Probabilities) (No. 8 of 2023)
[F2023L00169], discussed above.
|
Registered on Federal Register of Legislation: 28
February 2023 [F2023L00168]
Tabled in House of Representatives: 6 March 2023
Tabled in Senate: 6 March 2023
Disallowance period (sitting days): 15 days
Administered by: Veterans' Affairs
Commencement: 27 March 2023
Made under: subsection
196B(2) of the Veterans' Entitlements Act 1986
Regulation Impact Statement: none identified
Committee comment: none identified
Commentary: none identified
Resources:
|
Note:
a notice of a motion to disallow a legislative instrument or a provision of a
legislative instrument may be given in a House of the Parliament within 15
sitting days of that House after a copy of the instrument was laid before
that House. If, within 15 sitting days of that House after the giving of that
notice, the House passes a resolution, in pursuance of the motion, disallowing
the instrument or provision, then the instrument or provision so disallowed
then ceases to have effect (Legislation Act 2003, section 42).
Disallowable Instruments Lists for the House and the Senate indicate the number of sitting days remaining in which a
notice to disallow the instrument may be moved.
The
Disallowance Alert 2023 lists all instruments subject to a notice of motion for
disallowance. The progress and
eventual outcome of any such notice is also recorded.
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