8 June 2023
PDF version [1.34 MB]
Scanlon Williams and Daniel Greiss
Law and Bills Digest Section
Nell Fraser, Thomas Rossiter, Tanya Bulmer, Carys
Fisser, Luke Buckmaster and Ellen Weaver
Research Coordination Unit
Contents
Agriculture,
Fisheries and Forestry
Attorney-General
Climate Change, Energy, the
Environment and Water
Defence
Education
Employment and Workplace Relation
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
Export
Control (Animals) Amendment (Northern Hemisphere Summer Conditions) Rules 2023
[F2023L00391]
What it does:
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Other Details:
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The instrument amends the Export Control
(Animals) Rules 2021 to implement recommendations 6, 9, 10 and 11 of the
Final Report of the Review of live sheep exports by sea to, or through,
the Middle East during the Northern Hemisphere Summer prepared by the Department
of Agriculture, Fisheries and Forestry.
The recommendations implemented in the instrument are
that:
- sheep
must be fed a minimum of 3 per cent of their liveweight daily while on
vessels travelling to, or through, the Middle East during the Northern
Hemisphere summer, to support better welfare outcomes for sheep onboard
vessels by reducing competition for fodder (recommendation 11)
- each
vessel exporting sheep must deploy a minimum of one data logger on the bridge
of a vessel to record the ambient wet bulb temperature, to provide a baseline
comparison to wet bulb temperatures recorded by data loggers on decks where
sheep are held (recommendation 10)
- where
Oman is one of multiple Persian Gulf destination ports, exporters may discharge
sheep in Oman first, en route to other destinations, provided the prohibition
dates for Oman are met, which will result in less travel time for sheep being
exported to Oman (recommendation 6)
- voyages
departing from ports other than Fremantle should comply with prohibition date
recommendations and be required to be west of a longitude of 116° east, no
later than 31 May if travelling to the Persian Gulf or no later than 14 June
if travelling to the Red Sea. This amendment will prevent sheep arriving in the
Middle East when conditions are hotter and more humid, even if the voyage
departs from a port other than Fremantle (such as Portland or Port Adelaide)
(recommendation 9).
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 April 2023
Made under: section
432 of the Export
Control Act 2020
Committee comment: none identified
Resources:
- Department
of Agriculture, Fisheries and Forestry, Review
of live sheep exports by sea to, or through, the Middle East during the
Northern Hemisphere summer: Final report, (Canberra: Department of
Agriculture, Fisheries and Forestry (DAFF), 16 September 2022).
- ‘Review
of live sheep exports by sea to, or through, the Middle East during the
Northern Hemisphere summer’, DAFF.
- Claire
Petrie, ‘Live
export –– a chronology’, Research Paper Series, 2019–20,
(Canberra: Parliamentary Library, 6 September 2019).
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Fisheries Management (Southern and
Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures)
Amendment Direction No. 1 2023 [F2023L00439]
What it does:
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Other Details:
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Amends the Fisheries Management
(Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery
Closures) Direction 2021 by providing for an additional five scheduled
closures to trawl methods in the Commonwealth South East Trawl Sector of the
Southern and Eastern Scalefish and Shark Fishery.
An exception is made to permit the Danish Seine trawl
method within Schedule 43 Babel Island Trawl Closure.
The Small Pelagic Fishery (Fishery) is the area of waters,
largely outside 3 nautical miles from the coastline, extending from the
Queensland/New South Wales border generally southerly, westerly and northerly
to latitude 31° South (near Lancelin, north of Perth).
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 14
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Agriculture, Fisheries and
Forestry
Commencement: 1 May 2023
Made under: subsection
41A(3) of the Fisheries
Management Act 1991
Committee comment: none identified
Resources:
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Attorney-General
Extradition
(Republic of North Macedonia) Regulations 2023 [F2023L00447]
What it does:
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Other Details:
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The instrument declares the Republic of North Macedonia to
be an ‘extradition country’ for the purposes of section 5 of the Extradition Act 1988,
and repeals the Extradition
(Former Yugoslav Republic of Macedonia) Regulations 2009. The instrument
makes these changes because, on 12 February 2019, the Former Yugoslav
Republic of Macedonia became known as the Republic of North Macedonia.
Despite this name change, the Former Yugoslav Republic of Macedonia and the
Republic of North Macedonia are the same nation state and political entity
By declaring the Republic of North Macedonia to be an
‘extradition country’, Australia can receive and action extradition requests
from the Republic of North Macedonia. See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 18
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Attorney-General's
Commencement: 19 April 2023
Made under: section
55 of the Extradition
Act 1988
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) is
engaging with the Attorney-General’s Department about this instrument in
accordance with paragraphs
(g) and (k)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 15.
Resources:
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Legislation (Deferral of
Sunsetting—Recovery Plans) Amendment Certificate 2023 [F2023L00370]
What it does:
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Other Details:
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The instrument amends the Legislation
(Deferral of Sunsetting—Recovery Plans) Certificate 2022 by extending the
previously granted deferral of sunsetting for 38 instruments relating to
recovery plans made under the Environment
Protection and Biodiversity Conservation Act 1999 by an additional 12
months, resulting in a deferral of 24 months in total. The instruments will
now sunset on 1 April 2024.
- Subsection
50(1) of the Legislation Act 2003 provides that a legislative
instrument is automatically repealed on 1 April or 1 October immediately on
or following the tenth anniversary of its registration. Under paragraph
51(1)(c) of the Legislation Act the Attorney-General can issue a
certificate to defer the sunsetting day of an instrument for a period of
either 6, 12, 18 or 24 months. The instrument will then be repealed on the
day specified in the certificate instead of the previously scheduled
sunsetting day.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 30
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Attorney-General’s
Commencement: 31 March 2023
Made under: paragraph
51(1)(c) of the Legislation Act
2003
Committee comment: none identified
Resources:
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Marriage (Celebrant Professional
Development) Statement 2023 [F2023L00443]
Royal Commissions Amendment
(Enhancing Engagement) Regulations 2023 [F2023L00402]
Telecommunications (Interception
and Access) (Communications Access Co-ordinator) Instrument 2023 [F2023L00459]
What it does:
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Other Details:
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The instrument repeals the Telecommunications
(Interception and Access) (Communications Access Co-ordinator) Instrument
2022 (No. 2) leaving the Secretary of the Attorney-General's Department
as the Communications Access Co-ordinator.
The Telecommunications
(Interception and Access) Act 1979 (TIA Act) establishes
the position of Communications Access Coordinator as the primary point of
liaison for law enforcement agencies, interception agencies,
telecommunications carriers and carriage service providers in relation to
telecommunications interception and data retention issues.
Under section
6R of the TIA Act, the Communications Access Co-ordinator is the
Secretary of the Attorney-General’s Department , or a person or body
specified by the Attorney‑General
in a legislative instrument made under that section.
In the absence of a legislative instrument specifying a
person or body, the Secretary of the Attorney‑General’s
Department is the Communications Access Coordinator.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 26
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Attorney-General's
Commencement: 27 April 2023
Made under: subsection
6R(2) of the Telecommunications
(Interception and Access) Act 1979
Committee comment: none identified
Resources:
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Telecommunications (Interception
and Access) (Enforcement Agency—NSW Department of Communities and Justice)
Declaration 2023 [F2023L00395]
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Climate Change, Energy, the Environment and Water
Australian National Registry of
Emissions Units Rules 2023 [F2023L00526]
What it does:
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Other Details:
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Establishes Safeguard Mechanism Credits (SMCs) as ‘eligible international
emissions units’, and ensures SMCs are treated the same as Australian Carbon
Credit Units under relevant Commonwealth laws.
The Australian national registry of emissions units (ANREU) is a
secure electronic system designed to track the location and ownership of
eligible emissions units. ANREU is administered by the Clean Energy Regulator.
Organisations and individuals are required to use ANREU if they want to own,
transfer, cancel or relinquish eligible emissions units, including ACCUs and
SMCs.
These measures support the Government’s reforms to the Safeguard
Mechanism, as implemented through the Safeguard Mechanism (Crediting)
Amendment Act 2023 .
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 5
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 6 May 2023
Made under: section
94A(1) of the Australian
National Registry of Emissions Units Act 2011
Committee comment: none identified
Resources:
- ‘Safeguard
Mechanism’, Department of Climate Change, Energy, the Environment and
Water.
- ‘Australian
carbon credit units’, Clean Energy Regulator (CER).
- ‘The
Australian national registry of emissions units’, CER.
- Dr
Emily Gibson, ‘Safeguard
Mechanism (Crediting) Amendment Bill 2022’, Bills Digest, 48,
2022-23, (Canberra: Parliamentary Library, 2023).
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Australian War Memorial Heritage
Management Plan 2022 [F2023L00437]
What it does:
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Other Details:
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The instrument is a written management plan to provide for
the protection and management of the heritage values of the Australian War
Memorial.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 14
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 15 April 2023
Made under: subsections
341S(1) and (2)
of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
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Carbon Credits (Carbon Farming
Initiative) Amendment (Information Requirements) Rules 2023 [F2023L00461]
Carbon Credits (Carbon Farming
Initiative) Amendment (No. 2) Rules 2023 [F2023L00527]
What it does:
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Other Details:
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Amends
the Carbon Credits (Carbon Farming Initiative)
Rule 2015 to remove the ability of the Clean
Energy Regulator (CER) to enter into carbon abatement contracts under the Carbon Farming Initiative Act 2011 in relation to projects that solely
reduce emissions covered by the Safeguard Mechanism at designated large
facilities as defined in the National Greenhouse
and Energy Reporting Act 2007.
The instrument also enables CER to sell ACCUs in the
Commonwealth Emissions Reduction Fund Delivery Account to a responsible
emitter for a designated large facility, pursuant to a contract and for the
purpose of surrendering the units to meet compliance obligations under the
Safeguard Mechanism. The Amendment Rules also set the price of the units to
be sold and the associated indexation calculation.
These measures support the Government’s reforms to the
Safeguard Mechanism, which are implemented through the Safeguard Mechanism
(Crediting) Amendment Act 2023.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 5
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 6 May 2023
Made under: section
308 of the Carbon
Credits (Carbon Farming Initiative) Act 2011
Committee comment: none identified
Resources:
- ‘Carbon
Farming Initiative’, Department of Climate Change, Energy, the
Environment and Water (DCCEEW).
- ‘Australian
carbon credit units’, Clean Energy Regulator (CER).
- ‘Safeguard
Mechanism’, DCCEEW.
- Dr
Emily Gibson, ‘Safeguard
Mechanism (Crediting) Amendment Bill 2022’, Bills Digest, 48, 2022-23,
(Canberra: Parliamentary Library, 2023).
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Energy Legislation Amendment
(Information Requirements) Regulations 2023 [F2023L00506]
Environment Protection and
Biodiversity Conservation (Recovery Plan for the Greater Bilby Macrotis
lagotis) Instrument 2023 [F2023L00432]
What it does:
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Other Details:
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The instrument jointly makes the National Recovery Plan
for the Greater Bilby (Macrotis lagotis) with Western Australia (WA),
Queensland, the Northern Territory (NT), New South Wales (NSW) and South
Australia (SA).
The Greater Bilby is listed in the Vulnerable category
in the Declaration
under s178, s181, and s183 of the Environment Protection and Biodiversity
Conservation Act 1999 - List of threatened species, List of threatened
ecological communities and List of threatening processes under section 178
of the Environment
Protection and Biodiversity Conservation Act 1999.
The Recovery Plan provides for the research and management
actions necessary to stop the decline of, and support the recovery of, the Greater
Bilby in order to maximise its chances of long-term survival in nature. The Greater
Bilby occurs in NSW, Queensland, WA, SA and the NT, and the Recovery Plan
covers the full range of the species.
The major threats to the species are foxes, feral cats and
wild dogs, the loss, degradation and fragmentation of habitat, rabbits and
domestic herbivores, unmanaged fire and inappropriate fire regimes, and the
loss of Traditional Owner knowledge and land management.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 11
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 12 April 2023
Made under: subsection
269A(3) of the Environment
Protection and Biodiversity Conservation Act 1999
Committee comment: none identified
Resources:
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Fuel Security (Minimum Stockholding
Obligation) Amendment (2023 Measures No. 1) Rules 2023 [F2023L00371]
What it does:
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Other Details:
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The Fuel Security Act
2021 supports Australia’s fuel security by establishing a
minimum stockholding obligation (MSO) to ensure industry holds minimum
quantities of key transport fuels to guarantee a baseline level of stocks at
all times. The MSO is intended to act as a buffer against any local and
global supply disruptions
The instrument amends the Fuel Security
(Minimum Stockholding Obligation) Rules 2022 to:
- clarify
the criteria used to determine exceptional circumstances to reduce an
entity’s designated quantity where there is a loss of a major customer during
a trigger assessment period
- clarify
the formulas that are to be used to calculate such reductions where the
circumstances have been met
- clarify
the criteria used to determine whether the Secretary may grant
a temporary reduction of quantity of stocks that an entity must hold on
obligation days.
The amendments are minor and technical in nature and are
intended to correct irregularities in the existing criteria and formulas. The
amendments are not intended to alter the intended policy outcome.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 30
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 31 March 2023
Made under: subsection
84(1) of the Fuel
Security Act 2021
Committee comment: none identified
Resources:
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List of Threatened Species
Amendment (347) Instrument 2023 [F2023L00375]
List of Threatened Species
Amendment (351) Instrument 2023 [F2023L00378]
List of Threatened Species
Amendment (356) Instrument 2023 [F2023L00373]
List of Threatened Species
Amendment (357) Instrument 2023 [F2023L00376]
List of Threatened Species
Amendment (361) Instrument 2023 [F2023L00374]
National Greenhouse and Energy
Reporting (Safeguard Mechanism) Amendment (Reforms) Rules 2023 [F2023L00528]
What it does:
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Other Details:
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Amends the National Greenhouse
and Energy Reporting (Safeguard Mechanism) Rule 2015 to implement
reforms to the Safeguard Mechanism, a commitment in the Government’s Powering
Australia Plan. The reformed Safeguard Mechanism requires Australia's largest
industrial facilities to reduce their emissions, gradually and predictably in
line with our national targets, and helps ensure Australian businesses remain
competitive as the world decarbonises.
The instrument sets out the technical detail of the
reforms to the Safeguard Mechanism and specifies the administrative
detail of how the provisions are implemented and the administrative processes
for demonstrating compliance with Safeguard obligations.
Key provisions include baseline setting arrangements for
existing and new facilities, declining baselines over time so that Safeguard
facilities contribute their proportional share of the national emissions
reduction task, flexible compliance options including below-baseline
crediting, interactions with Australian Carbon Credit Unit (ACCU) projects
and tailored treatment for trade-exposed facilities.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 5
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Climate Change, Energy, the
Environment and Water
Commencement: 1 July 2023
Made under: section
22XS of the National
Greenhouse and Energy Reporting Act 2007
Committee comment: none identified
Resources:
- ‘Powering
Australia’, Department of Climate Change, Energy, the Environment and
Water (DCCEEW).
- ‘Safeguard
Mechanism’, DCCEEW.
- ‘Safeguard
Mechanism Reforms’, DCCEEW, May 2023.
- Dr
Emily Gibson, ‘Safeguard
Mechanism (Crediting) Amendment Bill 2022’, Bills Digest, 48,
2022-23, (Canberra: Parliamentary Library, 2023).
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Defence
Defence Determination, Conditions
of service Amendment Determination 2023 (No. 5) [F2023L00433]
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:
- Clarify
a member with dependants’ eligibility to remote location leave travel
benefits under Scheme A and Scheme B.
- Provide
the Christmas stand-down dates for the 2023-2024 Christmas period.
- Amend
the overseas public holiday provisions consequential to the change to the
Christmas stand-down period.
- Change
the approved club for members posted to Israel.
- Amend
the hardship location grades for members on short-term duty or long-term
posting at certain locations overseas in line with the revised location
ratings provided by the whole-of-Australian-Government data provider,
Employment Conditions Abroad.
- Include
Operation FORTITUDE as a recognised operation to provide specific conditions
of service associated with a deployment.
- Make
routine updates to the rates of disturbance allowance and to the additional
payment resulting from their child changing schools following a removal.
These adjustments reflect the annual movement in the relevant Consumer Price
Index group to the end of the September 2022 quarter.
- Make
routine updates to the vehicle allowance rate provided to eligible members to
reflect the annual movement in the relevant Consumer Price Index group to the
end of the September 2022 quarter.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 12
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Defence
Commencement: Schedules 4 and 5 commence on 1 July 2023.
Schedules 1 to 3 and 6 commence on 13 April 2023. The remainder of the
instrument commences on 12 April 2023.
Made under: section
58B of the Defence
Act 1903
Committee comment: none identified
Resources:
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Defence Determination, Conditions
of service Amendment (Employment offer modernisation) Determination 2023 (No.
1) [F2023L00427]
What it does:
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Other Details:
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The instrument amends the Defence
Determination 2016/19, Conditions of service (the Principal
Determination), which provides a range of benefits for members of the
Australian Defence Force (ADF) and their families as part of the member’s
conditions of service.
The instrument amends the Principal Determination to
implement new categorisation and location frameworks which will be used to determine
the benefits that will be provided to members.
The new frameworks will provide the flexibility for
members to receive benefits that support their personal circumstance rather
than relying explicitly on their categorisation and posting location.
The key changes under the new categorisation framework
include:
- recognising
family members who, to date, have been unable to be recognised by Defence as
they do not permanently live with the member, such as children of single
parents and partners who, under the Principal Determination, do not meet the
minimum cohabitation requirements to be recognised. While providing an
ability to recognise these people, the categorisation framework does not
provide them with benefits
- using
contemporary language to describe the people who form part of the member’s
family
- flexibility
within the Principal Determination to provide for contemporary family
circumstances into the future.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 6
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Defence
Commencement: 1 July 2023
Made under: section
58B of the Defence
Act 1903
Committee comment: none identified
Resources:
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Defence (Employer Support Payment
Scheme) Determination 2023 [F2023L00457]
What it does:
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Other Details:
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The instrument establishes
a scheme for providing financial assistance to businesses that employ members
of the Defence Force Reserves who have been absent from their civilian
workplace on defence service.
The payment
also provides an incentive to members of the Defence Force Reserves who are
self-employed to undertake defence service and provide capability to the
Australian Defence Force.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 21
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Defence
Commencement: 1 July 2023
Made under: section
58B of the Defence
Act 1903
Committee comment: none identified
Resources:
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Defence (Individual benefits)
Determination 2023 (No. 3) [F2023L00529]
What it does:
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Other Details:
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Provides a leave benefit under special circumstances to
two individual members of the Australian Defence Force (ADF). This
Determination does not provide benefits over and above those for which
members would be eligible for in similar circumstances.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 5
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Defence
Commencement: 6 May 2023
Made under: section
58B of the Defence
Act 1903
Committee comment: none identified
Resources:
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Woomera Prohibited Area Rule 2014
Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for
Financial Year 2023-2024 [F2023L00363]
Work Health and Safety Act 2011
(application to Defence activities and Defence members) Declaration 2023 [F2023L00399]
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Education
Child Care Subsidy Amendment
(Electronic Payment Exceptions and Other Measures) Minister’s Rules 2023 [F2023L00521]
What it does:
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Other Details:
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Amends the Child Care Subsidy
Minister’s Rules 2017 (Principal
Rules) to:
- provide
an exception to the requirement to pay fees using an electronic funds
transfer system where the individual reasonably fears such payment would put
the individual or their child at risk of family and domestic violence
•
make rules for a one-year transition period in relation
to increased hours of subsidised care for individuals who
notify the Secretary of an Aboriginal or Torres Strait Islander child in
their care. These rules affect when information provided to the Secretary on
a child’s Aboriginal and Torres Strait Islander status would impact a review
of a child care subsidy (CCS) entitlement decision
- make
consequential changes to the Principal Rules to align terminology with the A New Tax System
(Family Assistance) Act 1999, following amendments made by the Family
Assistance Legislation Amendment (Cheaper Child Care) Act 2022
- change
references to the ‘Early Years Education Program’ to reflect public
rebranding of the initiative to ‘an intensive early childhood education and
care trial’
- prescribe
the information about a provider that the Secretary may publish, by
electronic means and
- prescribe
the financial information which must be reported by large childcare
providers, and the period the information relates to.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 3
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Education
Commencement: Schedule 1 commences on 1 July 2023. The remainder of the
instrument commences on 4 May 2023.
Made under: subsection
85GB(1) of the A
New Tax System (Family Assistance) Act 1999
Committee comment: none identified
Resources:
- ‘Child
Care Subsidy’, Department of Education.
- ‘Changes
to gap fee payments from July 2023’, Department of Education, 4 May 2023.
- Carol
Ey, Emma Vines and James Haughton, ‘Family
Assistance Legislation Amendment (Cheaper Child Care) Bill 2022’, Bills
digest, 21, 2022–23, (Canberra: Parliamentary Library, 2022).
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Higher Education (Maximum Amount
for Special Purpose Advances) Specification 2023 [F2023L00362]
What it does:
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Other Details:
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The instrument repeals and replaces the Higher Education
(Maximum Amount for Special Purpose Advances) Specification 2012, which
was due to sunset on 1 April 2023, to specify that the total amount of
special purpose advances that may be paid to a higher education provider in a
calendar year is $25 million, which is the same amount specified in the previous
instrument.
- Grants
may be paid in relation to Commonwealth supported places to eligible higher
education providers. The Minister for Education may determine that an advance
of such a grant is payable to a higher education provider, in respect of a
year, in relation to expenditure of the provider for ‘special purposes’ or such
purposes as the Minister determines.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 28
March 2023
Tabled in House of Representatives: 30 March 2023
Tabled in Senate: 9 May 2023
Administered by: Education
Commencement: 29 March 2023
Made under: subsection
33.40(3A) of the Higher Education
Support Act 2003
Committee comment: none identified
Resources:
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Higher Education Provider
Guidelines 2023 [F2023L00400]
What it does:
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Other Details:
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Repeals and replaces the Higher Education
Provider Guidelines 2012, which were due to sunset on 1 April 2023.
Some minor changes have been made to the
Guidelines to clarify and include additional procedural matters relating
to the tuition protection requirements.
Other changes to the Guidelines include
making updates to the:
- minimum
indicative course fees for overseas students
- requirements
for financial statements that higher education providers must give to the
Minister and
- matters
that the Minister must have regard to when determining the financial
viability of a higher education provider under Division 19 of the Higher Education
Support Act 2003.
See the Explanatory
Statement for the instrument for further information.
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Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Education
Commencement: 1 April 2023
Made under: section
238-10 of the Higher
Education Support Act 2003
Committee comment: none identified
Resources:
- Dr
Hazel Ferguson, A
guide to Australian Government funding for higher education learning and
teaching, Research paper series, 2020–21, (Canberra: Parliamentary
Library, 2021).
- Dr
Hazel Ferguson, Overseas
students in Australian higher education: a quick guide, Research
paper series, 2020–21, (Canberra: Parliamentary Library, 2021).
|
Back to top
Employment and Workplace
Relations
Fair Entitlements Guarantee
(Indexation of Maximum Weekly Wage) Regulations 2023 [F2023L00381]
What it does:
|
Other Details:
|
The instrument repeals and replaces the Fair Entitlements
Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013, which was
due to sunset on 1 October 2023, and continues the annual indexation in
the same terms as under the 2013 Regulation.
- The Fair Entitlements
Guarantee Act 2012 (the Act) establishes a scheme for the provision
of financial assistance (called an ‘advance’) on account of unpaid employment
entitlements to former employees where the end of their employment is linked
to the liquidation or bankruptcy of their employer. The Act provides for a
‘maximum weekly wage cap’, which effectively limits the weekly rate at which
an entitlement will be paid to an individual. The instrument provides that
the ‘maximum weekly wage’ for the year starting on 1 July 2022 is $2,585.
This figure will be indexed each 1 July, by reference to estimates of full-time
adult average weekly ordinary time earnings published by the Australian
Statistician.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Employment and Workplace Relations
Commencement: 31 March 2023
Made under: section
55 of the Fair Entitlements
Guarantee Act 2012
Committee comment: none identified
Resources:
|
VET Student Loans (Courses and Loan
Caps) Amendment Determination (No. 1) 2023 [F2023L00431]
What it does:
|
Other Details:
|
The instrument amends the VET Student Loans
(Courses and Loan Caps) Determination 2016 (the Courses and Loan Caps
Determination).
The Courses and Loan Caps Determination specifies the
courses for which VET student loans (VSL) may be approved under the VET Student Loans
Act 2016, sets the maximum loan amounts for those courses, and
provides for the annual indexation of the maximum loan amounts.
In order for courses to be approved for VSL they must be:
- on
at least two state and/or territory subsidy/skills lists, or
- a
science, technology, engineering, agriculture or mathematics (STEM) related
course, or
- required
for occupational licensing.
The purpose of the instrument is to amend the Courses and
Loan Caps Determination to, among other things:
- extend
the list of courses for which VSL may be approved
- increase
the loan caps available for a small number of approved courses.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Employment and Workplace Relations
Commencement: 12 April 2023
Made under: section
16 of the VET
Student Loans Act 2016
Committee comment: none identified
Resources:
|
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Finance
Financial Framework (Supplementary
Powers) Amendment (Defence Measures No. 1) Regulations 2023 [F2023L00434]
What it does:
|
Other Details:
|
Amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending on certain activities administered by the
Department of Defence.
The instrument provides authority for government spending
on the following activities:
- grant
to The Oasis Townsville Limited and
- financial
counselling services for veterans—pilot program.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 13
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Finance
Commencement: 14 April 2023
Made under: section
65 of the Financial
Framework (Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Financial Framework (Supplementary
Powers) Amendment (Finance Measures No. 1) Regulations 2023 [F2023L00462]
What it does:
|
Other Details:
|
The instrument amends the Financial Framework
(Supplementary Powers) Regulations 1997 to establish legislative
authority for government spending to acquire interests in CEA Technologies
Pty Limited (CEA).
CEA undertakes research on design, manufacturing, assembly,
development and maintenance in relation to radar and communications systems
and products for Australia’s defence and national security.
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.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 26
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Finance
Commencement: 27 April 2023
Made under: section
65 of the Financial Framework
(Supplementary Powers) Act 1997
Committee comment: none identified
Resources:
|
Public Governance, Performance and
Accountability (Relevant Company) Amendment (2023 Measures No. 1) Rules 2023 [F2023L00463]
What it does:
|
Other Details:
|
Section 85 of the Public Governance,
Performance and Accountability Act 2013 provides the Finance Minister
with the authority to form, or participate in forming, a relevant company on
behalf of the Commonwealth, or to acquire shares or become a member of a
relevant company in circumstances that would result in the relevant company
becoming a Commonwealth company.
The instrument amends the Public Governance,
Performance and Accountability (Relevant Company) Rule 2016 to:
- remove
a company from the table of relevant companies in section 5, to reflect the
conclusion of the Commonwealth’s involvement in this relevant company.
- prescribe
a relevant company of a kind that is limited by shares and whose objects are
to:
– undertake
research on, design, manufacture, assemble, develop, support, maintain and
provide other services in relation to radar and communications systems and
products for Australia’s defence and national security, or for export
– acquire
and hold shares in a company with these objects.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 26
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Finance
Commencement: 27 April 2023
Made under: sections
85 and 101
of the Public Governance,
Performance and Accountability Act 2013
Committee comment: none identified
Resources:
|
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Foreign Affairs and Trade
Autonomous Sanctions (Designated
Persons and Entities and Declared Persons—Russia and Ukraine) Amendment (No. 4)
Instrument 2023 [F2023L00383]
What it does:
|
Other Details:
|
The instrument amends the Autonomous Sanctions (Designated Persons and Entities and
Declared Persons – Russia and Ukraine) List 2014 to list seven individuals
for targeted financial sanctions and travel bans, on the basis that they are
responsible for or complicit in the threat to the sovereignty and territorial
integrity of Ukraine.
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: 30
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Foreign Affairs and Trade
Commencement: 31 March 2023
Made under: regulation
6 of the Autonomous
Sanctions Regulations 2011
Committee comment: none identified
Resources:
|
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Health and Aged Care
Aged Care Legislation Amendment
(Quarterly Financial Reports) Principles 2023 [F2023L00367]
What it does:
|
Other Details:
|
The
purpose of the instrument is to amend the:
to enhance oversight and transparency of financial
information reported by approved providers of aged care. These amendments
seek to provide greater assurance to care recipients, the Australian public
and the Australian Government of approved aged care providers’ financial
viability and to improve the accuracy of their financial reporting.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 29
March 2023
Tabled in House of Representatives: 30 March 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 30 March 2023
Made under: section
96-1 of the Aged
Care Act 1997
Committee comment: none identified
Resources:
|
Aged Care Legislation Amendment
(Registered Nurses) Principles 2023 [F2023L00389]
What it does:
|
Other Details:
|
The instrument amends the Information Principles 2014, Quality of Care
Principles 2014 and the Accountability
Principles 2014 to provide for the granting of exemptions from the
responsibility to provide a registered nurse 24/7 at all residential aged
care facilities, and the publication of information relating to such
exemptions.
The instrument also introduces new reporting requirements
for certain approved providers to provide the Secretary with reports and other
requested information about the 24/7 registered nurse responsibility.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: Sections 1 to 4 and Schedule 1
commence on 1 April 2023. Schedule 2 commences on 1 July 2023.
Made under: section
96-1 of the Aged
Care Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Department of Health and Aged Care about this instrument in
accordance with paragraph
(h) of Senate Standing Order 23(3). It has now concluded its
consideration and made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 13 and 15.
Resources:
- ‘Aged
care 24/7 registered nurse responsibility’, Department of Health and Aged
Care.
- Mark
Bryan, ‘24/7
Registered Nurses (RNs) in Aged Care: New Draft Rules Explained’, Aged
Care Essentials (blog), 7 March 2023.
- Sean
McKeown, ‘ACCPA
proposes solutions for 24/7 RNs in aged care’, Inside Ageing
(blog), 27 March 2023.
- Rebecca
Storen, ‘Aged
Care Amendment (Implementing Care Reform) Bill 2022’, Bills Digest, 4, 2022–23,
(Canberra: Parliamentary Library, 2022).
|
Approval of Care Recipients
Amendment (Younger Persons) Principles 2023 [F2023L00458]
What it does:
|
Other Details:
|
The instrument amends the Approval of Care
Recipients Principles 2014 to strengthen the evidence requirements
for persons under the age of 65 (younger persons) who are applying to become
approved as a recipient of residential care under the Aged Care Act
1997.
The application for younger
persons must be accompanied by either:
- an ‘Exploration
of Home & Living Supports for National Disability Insurance Scheme (NDIS)
Participants Form’ completed in collaboration with the person by the National
Disability Insurance Agency, or
- a
‘Summary Report: Younger People at Risk of Entering Residential Aged Care’
completed in collaboration with the person by Ability First Australia if they
are not NDIS participants.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 24
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: section
96-1 of the Aged
Care Act 1997
Committee comment: none identified
Resources:
|
Health Insurance (Accredited
Pathology Laboratories—Approval) Amendment (Relevant Standards) Principles
(No.2) 2023 [F2023L00454]
What it does:
|
Other Details:
|
This instrument
amends the Health Insurance (Accredited Pathology
Laboratories—Approval) Principles 2017 to incorporate the revised pathology accreditation
standard Requirements for Laboratory Testing for Human
Immunodeficiency Virus (HIV) and Hepatitis C Virus (HCV) (Fourth Edition
2023).
With the
exception of some basic tests conducted by some medical practitioners within
their own medical practice, Medicare benefits for pathology services are only
payable when they are rendered by or on behalf of an approved pathology
practitioner, in an accredited pathology laboratory operated by an approved
pathology authority. The Principles ensure that appropriate standards are met
and maintained in pathology laboratories at which Medicare eligible pathology
services can be provided.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: subsection
23DNA(1) of the Health Insurance
Act 1973
Committee comment: none identified
Resources:
|
Health Insurance Legislation
Amendment (2023 Measures No. 1) Regulations 2023 [F2023L00416]
What it does:
|
Other Details:
|
The instrument amends the following:
Schedule 1 of the instrument will apply the indexation
factor from 1 July 2022 to several items and a clause of the GMST that were
not indexed on 1 July 2022 due to an administrative error.
Schedule 2 will implement annual fee indexation by
increasing the schedule fee by 3.6 per cent for most general medical services
in the GMST, diagnostic imaging services in the DIST, and specific items for
the management of bulk-billing pathology services in the PST. This means that
patients will receive a higher Medicare benefit for these services from 1
July 2023.
Schedule 3 makes various amendments to the DIST, GMST and PST.
Schedule 4 will amend the GMST to implement the
Government’s response to recommendations from the MBS Review Taskforce
relating to plastic and reconstructive surgery services.
Schedule 5 will amend the GMST to introduce 12 items to
enable case conferencing for patients being treated under the Better
Access to Psychiatrists, Psychologists and General Practitioners through the
MBS initiative or an eating disorder treatment and management plan.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 4
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: Schedules 2 to 5 commence on 1 July
2023. The remainder of the instrument commences on 5 April 2023.
Made under: subsection
133(1) of the Health
Insurance Act 1973
Committee comment: none identified
Resources:
- Amanda
Biggs, Medicare:
a quick guide, Research paper series, 2016–2017, (Canberra:
Parliamentary Library, July 2016).
- ‘Medicare Benefits
Schedule (MBS) Review’, Department of Health and Aged Care,
4 November 2022.
- ‘Better
Access initiative’, Department of Health and Aged Care, 27 January 2023.
- ‘Eating
disorder treatment and management plans’, Services Australia,
1 March 2023.
|
Health Insurance (Quality Assurance
Activity – Australasian Vascular Audit) Declaration 2023 [F2023L00444]
Health Insurance (Quality Assurance
Activity – The Australian and New Zealand Tripartite Anaesthetic Data Committee
(ANZTADC) Incident Recording and Reporting Program web based anaesthetic
incident reporting system – webAIRS) Declaration 2023 [F2023L00429]
What it does:
|
Other Details:
|
The instrument declares the Australian and New Zealand
Tripartite Anaesthetic Data Committee (ANZTADC) Incident Recording and
Reporting Program (also known as web-based anaesthetic incident reporting
system (webAIRS)) as a Quality Assurance Activity to which Part VC of the Health Insurance
Act 1973 (the Act) applies.
Part VC of the Act creates a scheme to encourage efficient
quality assurance activities in connection with the provision of health
services. Those activities help to ensure the quality of health services
that are funded by the Government, including through Medicare benefits, the
Pharmaceutical Benefits Scheme, and Health Program Grants. The
scheme encourages participation in such activities by protecting certain
information from disclosure, and by providing some protection from civil
liability to certain persons engaged in those activities in good faith.
The Quality Assurance Activity referred to in the
instrument consists of the capture, analysis and dissemination of
de-identified national data about critical anaesthetic incidents that occur
in Australia and New Zealand through a voluntary web-based incident reporting
system. The Quality Assurance Activity also captures national data across a
spectrum of incident severity, from near miss to severe harm.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 16 April 2023
Made under: subsection
124X(1)
of the Health Insurance
Act 1973
Committee comment: none identified
Resources:
|
National Health (Commonwealth Price
and Conditions for Commonwealth Payments for Supply of Pharmaceutical Benefits)
Amendment Determination 2023 (No.3) [F2023L00388]
National Health (Commonwealth Price
and Conditions for Commonwealth Payments for Supply of Pharmaceutical Benefits)
Amendment Determination 2023 (No.4) [F2023L00503]
National Health (COVID-19 Supply of
Pharmaceutical Benefits) Special Arrangement Amendment (Extension for Receipt
Requirements) Instrument 2023 [F2023L00401]
What it does:
|
Other Details:
|
Amends the National Health
(COVID-19 Supply of Pharmaceutical Benefits) Special Arrangement 2020
(the Special Arrangement) to extend the modification of the application of regulation
57 of the National
Health (Pharmaceutical Benefits) Regulations 2017 (NHPB Regulations).
The Special Arrangement was first introduced in response
to the COVID-10 pandemic. It modified regulation 57 of the NHPB Regulations
so that it would not be an offence if an approved supplier is unable to
obtain written acknowledgement from a person receiving a benefit because it
was not practical to do so, for example, because of the risk of COVID-19
transmission. While most
COVID-19 emergency arrangements have ceased, including the Special
Arrangement, the exemption of signatures for receipt of pharmaceutical
benefits by a patient and supplier is still required for reasons of
convenience and efficiency, rather than to prevent COVID-19 transmission.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: Schedule 2 commences on 1 April
2023. The remainder of the instrument commences on 6.09pm (ACT time) on 31 March
2023.
Made under: subsection
100(2) of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Efficient Funding
of Chemotherapy) Special Arrangement Amendment Instrument 2023 (No. 3) [F2023L00390]
National Health (Efficient Funding
of Chemotherapy) Special Arrangement Amendment Instrument 2023 (No. 4) [F2023L00494]
National Health (Highly Specialised
Drugs Program) Special Arrangement Amendment (April Update) Instrument 2023 [F2023L00392]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Highly Specialised Drugs Program) Special Arrangement 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 provides for the addition of the listed
drug ruxolitinib to the Special Arrangement. It also amends the Special
Arrangement to provide for the deletion of brands of the listed drug
epoprostenol, the deletion of forms of the listed drugs etanercept, and
tocilizumab, and the alteration of circumstances in which a prescription may
be written for the listed drugs abacavir and mepolizumab.
The instrument reflects changes made to the National Health
(Listing of Pharmaceutical Benefits) Instrument 2012 which commence on
the same day. See the National Health
(Listing of Pharmaceutical Benefits) Amendment Instrument 2023 (No. 3)
[F2023L00384], discussed below.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 April 2023
Made under: subsection
100(2) of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Highly Specialised
Drugs Program) Special Arrangement Amendment (May Update) Instrument 2023 [F2023L00491]
National Health (IVF Program)
Special Arrangement Amendment Instrument 2023 (No. 1) [F2023L00386]
National Health Legislation
Amendment (Conditions of Approval for Approved Pharmacists) Instrument 2023 [F2023L00511]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Pharmaceutical Benefits) (Conditions of approval for approved pharmacists)
Determination 2017 to set out the conditions with which
approved pharmacists must comply in supplying pharmaceutical benefits.
The instrument clarifies that
the only situation when supply of pharmaceutical benefits can occur at
premises other than the approved premises is where the approved premises have
been affected by disaster or exceptional circumstances and the Secretary has
granted permission to the approved pharmacist to supply pharmaceutical
benefits at those other premises.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 June 2023
Made under: subsections
92A(1A) and 100(2)
of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Listed Drugs on F1
or F2) Amendment Determination 2023 (No. 2) [F2023L00393]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listed Drugs on F1 or F2) Determination 2021 by removing Apraclonidine
and Interferon beta-1a from F1 and Cromoglycic acid from F2 as these drugs
will no longer be Pharmaceutical Benefits Scheme (PBS) listed from 1 April 2023. In addition, the instrument also moves
Varenicline and Follitropin beta from F1 to F2.
Under the National Health
Act 1953 (the Act), PBS listed drugs may be assigned to formularies
identified as F1 and F2. F1 is intended for single branded drugs and F2
for drugs that have multiple brands, or are in a therapeutic group with other
drugs with multiple brands. Drugs on F2 are subject to the provisions of the
Act relating to price disclosure and guarantee of supply.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 April 2023
Made under: subsection
85AB(1) of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Listed Drugs on F1
or F2) Amendment Determination 2023 (No. 3) [F2023L00492]
National Health (Listing of
Pharmaceutical Benefits) Amendment Instrument 2023 (No. 3) [F2023L00384]
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 addition or deletion of
certain drugs, and certain forms of drugs, to or from the PBS Schedule. It
also provides for the alteration of circumstances in which prescriptions may
be written for the supply of certain listed drugs.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 April 2023
Made under: sections
84AF, 84AK,
85,
85A,
88
and 101
of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Listing of
Pharmaceutical Benefits) Amendment Instrument 2023 (No. 4) [F2023L00493]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Listing of Pharmaceutical Benefits) Instrument 2012 (PB 71 of 2012)
to make changes to the pharmaceutical benefits listed on the Pharmaceutical
Benefits Scheme (PBS) and related matters.
PB 71 of 2012 determines the pharmaceutical benefits that
are on the Schedule of Pharmaceutical Benefits (the PBS Schedule) through
declarations of drugs and medicinal preparations, and determinations of
forms, manners of administration and brands. It also provides for related
matters.
The instrument provides for the addition or deletion of certain
drugs, and certain forms of drugs, to or from the PBS Schedule. It also
provides for the alteration of circumstances in which prescriptions may be
written for the supply of certain listed drugs.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: sections
84AF, 84AK,
85,
85A,
88
and 101
of the National
Health Act 1953
Committee comment: none identified
Resources:
|
National Health (Originator Brand)
Amendment Determination 2023 (No. 2) [F2023L00398]
National Health (Pharmaceutical
benefits – early supply) Amendment Instrument 2023 (No. 2) [F2023L00394]
National Health (Pharmaceutical
benefits – early supply) Amendment Instrument 2023 (No. 3) [F2023L00501]
National Health (Pharmaceutical
Benefits) (Pharmacist Substitution of Medicines without Prescription during
Shortages) Amendment (No. 2) Determination 2023 [F2023L00441]
National Health (Pharmaceutical
Benefits) (Pharmacist Substitution of Medicines without Prescription during
Shortages) Amendment (No. 3) Determination 2023 [F2023L00516]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Pharmaceutical Benefits) (Pharmacist Substitution of Medicines without
Prescription during Shortages) Determination 2021 by adding to the
different forms of oral cefaclor that are currently subject to a Therapeutic
Goods Administration (TGA) Serious Scarcity Substitution Instrument (SSSI).
This allows supplies made under the TGA SSSI to be subsidised under the
Pharmaceutical Benefits Scheme.
See the Explanatory
Statement for the instrument for further information.
See also the Therapeutic Goods
(Serious Scarcity and Substitutable Medicine) (Cefaclor) Instrument 2023
[F2023L00490], discussed below.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: subsection
89A(3) of the National
Health Act 1953
Committee comment: none identified
Resources:
- ‘Pharmaceutical Benefits Scheme (PBS)’,
Department of Health and Aged Care.
- ‘Antibiotics
shortage update and substitution allowed to address shortage of cefaclor’,
Therapeutic Goods Administration (TGA).
- ‘Serious
Scarcity Substitution Instruments (SSSIs)’, TGA.
- ‘PBS subsidy
arrangements for medicines subject to a Serious Scarcity Substitution
Instrument’, Pharmaceutical Benefits Scheme.
- Rebecca
Storen, Rosalind Hewett and Emma Vines, The
Pharmaceutical Benefits Scheme: a quick guide, Research paper series,
2021–22, (Canberra: Parliamentary Library, 2022).
|
National Health (Price and Special
Patient Contribution) Amendment Determination 2023 (No. 2) [F2023L00387]
What it does:
|
Other Details:
|
The instrument amends the National Health
(Price and Special Patient Contribution) Determination 2022 by decreasing
claimed prices and brand premiums for multiple brands of specified
pharmaceutical items.
The purpose of the determination is to enable patients for
whom the base-priced brands (the ones without a special patient contribution)
are not suitable, to obtain the higher priced brand (the one with the special
patient contribution) without the need to pay the higher price. In such cases
the Commonwealth pays the special patient contribution
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 31
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 April 2023
Made under: section
85B of the National Health
Act 1953
Committee comment: none identified
Resources:
|
National Health (Price and Special
Patient Contribution) Amendment Determination 2023 (No. 3) [F2023L00509]
What it does:
|
Other Details:
|
This instrument amends the National Health
(Price and Special Patient Contribution) Determination 2022 by removing three brands of nine pharmaceutical items
that have been delisted from the Pharmaceutical Benefits Scheme.
The purpose of the determination
is to enable patients for whom the base-priced brands (the ones without a
special patient contribution) are not suitable, to obtain the higher priced
brand (the one with the special patient contribution) without the need to pay
the higher price. In such cases the Commonwealth pays the special patient
contribution
The instrument omits
entries for Atomoxetine and Norethisterone with ethinylestradiol and replaces
the entry for Indapamide.
See the Explanatory
Statement for the instrument for further
information.
|
Registered on Federal Register of Legislation: 28
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: section
85B of the National
Health Act 1953
Committee comment: none identified
Resources:
|
Therapeutic
Goods (Adverse Event Management System—Sponsors) (Information) Specification
2023 [F2023L00531]
What it does:
|
Other Details:
|
The instrument specifies the kinds of therapeutic goods
information that the Secretary may release to specified persons, bodies or
authorities, and the purposes for which that information may be released.
In particular, the instrument provides that the
therapeutic goods information that may be released is de-identified
information contained in an adverse event report recorded in the Adverse
Event Management System where the adverse event report includes:
- the
product name of a medicine or biological, or
- the
active ingredient of the medicine or biological, and does not include the
product name of the medicine or biological.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 9
May 2023
Tabled in House of Representatives: 10 May 2023
Tabled in Senate: 11 May 2023
Administered by: Health and Aged Care
Commencement: 12 May 2023
Made under: subsection
61(5AB) of the Therapeutic Goods
Act 1989
Committee comment: none identified
Resources:
|
Therapeutic Goods Legislation
Amendment (Standards for Labels—International Harmonisation of Ingredient
Names) Order 2023 [F2023L00505]
What it does:
|
Other Details:
|
This instrument
amends Therapeutic Goods Order No. 91 - Standard for labels
of prescription and related medicines (TGO 91), and the Therapeutic Goods Order No. 92 – Standard for labels
of non-prescription medicines (TGO
92) to implement the transition period within which sponsors of medicines containing
certain active ingredients must update their medicine labels to reflect the
end of the International Harmonisation of Ingredient Names (IHIN) dual
labelling period.
TGO 91 and TGO
92 are made under section 10 of the Therapeutic Goods Act 1989. Collectively, they mandate the
information that must be displayed on the labels of medicines that are
supplied, or for supply, in Australia, and the format and placement in which
that information must be presented, to contribute to the safe and quality use
of medicines by Australian consumers and healthcare professionals.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 28
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 30 April 2023
Made under: section
10 of the Therapeutic
Goods Act 1989
Committee comment: none identified
Resources:
|
Therapeutic Goods (Permissible
Ingredients) Determination (No. 2) 2023 [F2023L00455]
What it does:
|
Other Details:
|
This instrument
repeals and replaces the Therapeutic Goods
(Permissible Ingredients) Determination (No. 1) 2023 and specifies:
- the ingredients that may be contained in
a medicine that is listed in the Australian Register of Therapeutic Goods and
- requirements in relation to the
inclusion of those ingredients in such medicines.
See the Explanatory
Statement for the
instrument for further information.
|
Registered on Federal Register of Legislation: 20
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Health and Aged Care
Commencement: 1 May 2023
Made under: subsection
26BB(1) of the Therapeutic
Goods Act 1989.
Committee comment: none identified
Resources:
|
Therapeutic Goods (Serious Scarcity
and Substitutable Medicine) (Cefaclor) Instrument 2023 [F2023L00490]
Therapeutic Goods (Serious Scarcity
and Substitutable Medicine) (Phenoxymethylpenicillin) Instrument 2023 [F2023L00438]
Back to top
Home Affairs
AusCheck (Major National
Event—Indo-Pacific Quadrilateral Dialogue 2023) Declaration 2023 [F2023L00442]
What it does:
|
Other Details:
|
Declares the Indo-Pacific Quadrilateral Dialogue 2023 to
be a major national event.
The purpose of the AusCheck Act 2007
is to provide a regulatory framework for coordinating and conducting
centralised criminal, security and other background and identity checking and
for related purposes. These functions may be exercised by the Department in
relation to major national events.
This instrument enables the Department of Home Affairs to
conduct and coordinate background checks in connection with the accreditation
of individuals who are working or volunteering at the event.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Home Affairs
Commencement: 15 April 2023
Made under: subsection
5A(1) of the AusCheck
Act 2007
Committee comment: none identified
Resources:
|
Customs (Prohibited Exports)
Amendment (Liquefied Natural Gas) Regulations 2023 [F2023L00380]
Migration Amendment (Subclass 309
Applicant Review Rights) Regulations 2023 [F2023L00414]
What it does:
|
Other Details:
|
Amends the Migration
Regulations 1994 to expand instances where a visa applicant has standing
to seek merits review of a partner visa refusal, instead of the Australian
partner sponsor, in cases where the relationship with the sponsor has ended
in specified circumstances.
Certain subclass 309 applicants can satisfy the criteria
for grant of the partner visa despite the relationship with their sponsor
having ceased, either because:
- the
sponsoring partner has died, or
- the
applicant, or a member of the family unit of the applicant or the sponsor has
suffered family violence committed by the sponsor and/or
- the
applicant has custody or access rights to at least one child in respect of
whom the sponsoring partner also has custody or access rights.
These provisions already apply in relation to applicants
for the onshore Subclass 820 partner visa, the purpose being to facilitate
the stay of persons already in Australia, in these circumstances.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Home Affairs
Commencement: 4 April 2023
Made under: subsection
504(1) of the Migration
Act 1958
Committee comment: none identified
Resources:
|
Notice of Intention to Propose
Customs Tariff Alteration (No. 1) 2023 [F2023L00385]
Back to top
Industry, Science and
Resources
Industry Research and Development
(Costa Berry Distribution Centre Expansion Program) Instrument 2023 [F2023L00525]
What it does:
|
Other Details:
|
Section 33 of
the Industry Research and Development Act 1986 provides a mechanism for the Minister to prescribe programs, by
disallowable legislative instrument, in relation to industry, innovation,
science or research, including in relation to the expenditure of Commonwealth
money under such programs.
This instrument
prescribes the Costa Berry Distribution Centre Expansion Program
(the Program).
Funding for the Program has been secured through the
Department of Industry, Science and Resources’ 2022-23 Budget. The Program
provides a one-off grant of $2.1 million across the 2022-23 and 2023-24
financial years to support CostaExchange Pty Ltd (ABN 41 002 687 961) (Costa)
to expand the capacity of its berry distribution centre in East
Devonport, Tasmania, as part of the ‘Local Industry Grants’ package.
The Program will support Costa to double the capacity of
its berry distribution centre to enable it to handle a greater volume of
product. The expansion will in turn enable local berry growers to expand
production to help secure ongoing supply.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Industry, Science and Resources
Commencement: 6 May 2023
Made under: section
33 of the Industry
Research and Development Act 1986
Committee comment: none identified
Resources:
|
Industry Research and Development
(Ingham’s Sorell Facility Upgrade Program) Instrument 2023 [F2023L00448]
What it does:
|
Other Details:
|
Section 33 of
the Industry Research and Development Act 1986 provides a mechanism for the Minister to prescribe programs, by
disallowable legislative instrument, in relation to industry, innovation,
science or research, including in relation to the expenditure of Commonwealth
money under such programs.
The instrument
prescribes the Ingham’s Sorell Facility Upgrade Program, to provide $11.1
million in funding across the 2022-23, 2023-24 and 2024-25 financial years to
support Inghams Enterprises Pty Ltd to upgrade the wastewater management
system at its poultry facility in Sorell, Tasmania as part of the Australian Government’s ‘Plan for
A Better Economy, Better Budget, Better Future’.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Industry, Science and Resources
Commencement: 19 April 2023
Made under: section
33 of the Industry Research
and Development Act 1986
Committee comment: none identified
Resources:
|
Back to top
Infrastructure, Transport,
Regional Development, Communications and the Arts
Air Navigation (Exemption for
Commercial Non-Scheduled Flights) Amendment Determination 2023 [F2023L00435]
CASA EX01/23 — Multi-Engine
Helicopters (CASA EX49/22) Amendment Instrument 2023 [F2023L00418]
CASA EX03/23 — Authorised
Maintenance at Unapproved Locations (Part 145 Organisations) Exemption 2023 [F2023L00415]
What it does:
|
Other Details:
|
The instrument provides relief to AMOs (Approved
Maintenance Organisations) seeking to carry out line maintenance at
unapproved locations on a temporary basis by, among other things, providing
exemptions from compliance with certain provisions of the Civil Aviation
Safety Regulations 1998 (CASR).
Several similar
instruments have been granted on a case-by-case basis to individual AMOs in
the past. The measure is now being enacted as a general exemption until such
time as CASR and the Part 145 Manual of Standards can be adjusted.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 4 April 2023
Made under: regulations
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
CASA EX27/23 — Remotely Piloted
Aircraft Operations Beyond Visual Line of Sight Exemption 2023 [F2023L00422]
What it does:
|
Other Details:
|
The instrument exempts a remote pilot who, as a remotely
piloted aircraft (RPA) operator or member of an RPA operator’s personnel,
operates an RPA beyond the pilot’s visual line of sight from compliance with
certain requirements under the Civil Aviation
Safety Regulations 1998.
The instrument also repeals CASA EX46/21 —
Remotely Piloted Aircraft Operations Beyond Visual Line of Sight Instrument
2021.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 5
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 6 April 2023
Made under: regulations
11.160 and 11.205
of the Civil
Aviation Safety Regulations 1998
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) is engaging
with the Department of Infrastructure, Transport, Regional Development,
Communications and the Arts about this instrument in accordance with paragraphs
(a) and (f)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 13; Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 15.
Resources:
|
CASA EX39/23 – Part 141 operators
using a sole instructor – Exemption Instrument 2023 [F2023L00424]
What it does:
|
Other Details:
|
The instrument exempts a Civil Aviation Safety Regulations
Part 141 flight training operator who carries out relevant training as a
single individual from annual standardisation and proficiency checks, and
from particular training base reporting and approval requirements. The
instrument also applies to an applicant to become such an operator.
Part 141 flight training is recreational, private and
commercial flight training.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 7 April 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
CASA EX44/23 — The Paragliding
State of Origin Instrument 2023 [F2023L00426]
What it does:
|
Other Details:
|
The instrument enables participants in the Paragliding
State of Origin 2023 (the event) to fly a paraglider at or above a height of
5,000 feet above mean sea level without complying with regulatory
requirements relating to the carriage of an aircraft very high frequency
radio.
The instrument also enables two holders of a radio
operator endorsement issued by Sports Aviation Federation of Australia
Limited to transmit on a radio frequency while operating a ground
communications station for the event.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 7 April 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
CASA EX45/23 — The Corryong
Inter-Club Fly-in Instrument 2023 [F2023L00425]
What it does:
|
Other Details:
|
The instrument enables participants in the Corryong
Inter-Club Fly-in event to fly a paraglider in the vicinity of Corryong
aerodrome, Victoria, and at or above a height of 5,000 feet above mean sea
level.
The instrument also enables named individuals to transmit
on a radio frequency while operating a ground communications station for the
event, if they hold a radio operator endorsement issued by Sports Aviation
Federation of Australia Limited.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 7 April 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
CASA EX51/23 — Amendment of CASA
EX66/21 (Low-level Rating) Instrument 2023 [F2023L00485]
CASA EX52/23 – CRS and SM CRS
Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2023 [F2023L00482]
What it does:
|
Other Details:
|
The instrument provides an exemption for Category A, D1
and D2 rated approved maintenance organisations to allow the provision of contracted
maintenance services by specialist maintenance organisations to approved
maintenance organisations (AMO).
Eventually, these modifications will be provided for in
amendment regulations and the temporary expedient of the exemption will no
longer be required.
At the time of writing, no Explanatory Statement for the
instrument has been published.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 1 May 2023
Made under: regulations
11.160, 11.205
and 11.245
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
Marine Order 504 (Certificates of
operation and operation requirements — national law) Amendment Order 2023 [F2023L00460]
Part 61 Flight Crew Licensing
(Prescribed Aircraft and Type Ratings) (Edition 9) Instrument 2023 [F2023L00428]
What it does:
|
Other Details:
|
The instrument repeals the Prescription of
Aircraft and Ratings — CASR Part 61 (Edition 8) Instrument 2021.
The instrument also prescribes the variants, differences
training requirements, flight review requirements and type ratings for
specified aircraft types. It also prescribes flight training and flight
review requirements for class ratings.
Part 61 of the Civil Aviation
Safety Regulations 1998 (CASR) contains regulations for flight crew
licensing, including the various requirements for flight crew licences,
ratings and endorsements. Part 61 of CASR provides that a pilot may be
authorised to fly a particular type of aircraft only if the pilot has
undertaken sufficient training and an assessment has been made to confirm
that the pilot is competent in operating that type of aircraft. In addition,
a pilot must periodically undergo a review of the pilot’s continued
competence operating the aircraft.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 12 April 2023
Made under: regulations
61.050, 61.055,
61.060,
61.061,
61.062
and 61.063
of the Civil Aviation
Safety Regulations 1998
Committee comment: none identified
Resources:
|
Part 91 MOS Amendment Instrument 2023
(No. 1) (Civil Aviation Safety Regulations) [F2023L00423]
What it does:
|
Other Details:
|
The instrument amends the Part 91 (General
Operating and Flight Rules) Manual of Standards 2020 (the MOS). The MOS sets
out the standards for ‘the rules of the air’ for all pilots, and the general
operating rules for pilots who are not operating under an Air Operator’s
Certificate or other certificate.
The instrument makes amendments in relation to matters relating
to infant or child restraints, position reports, and carriage of a survival
emergency locator transmitter by:
- making
minor corrections to clarify the intent of some provisions
- addressing
matters that were inadvertently omitted but are causing industry to be or to
become technically non-compliant.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 6
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 7 April 2023
Made under: regulations
91.040 and 201.025
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
Part 101 Manual of Standards
(Miscellaneous Revisions) Amendment Instrument 2023 (No. 1) [F2023L00446]
What it does:
|
Other Details:
|
This instrument makes technical updates and improvements
to the Part 101
(Unmanned Aircraft and Rockets) Manual of Standards 2019 (the principal
MOS). These amendments do not substantially alter existing requirements but
improve and clarify the way the principal MOS operates.
The principal MOS prescribes a range of miscellaneous
matters in relation to the safety and regulatory oversight of remotely
piloted aircraft, including training and competency standards for remote
pilot licences.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 18
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: Sections 1 to 3 of the instrument commence on 19 April 2023. Section 4
of the instrument commences on 18 October 2023.
Made under: regulations
101.028 and 201.025
of the Civil
Aviation Safety Regulations 1998
Committee comment: none identified
Resources:
|
Telecommunications (Carrier Licence
Charges) (Paragraph 15(1)(d)) Determination 2023 [F2023L00413]
What it does:
|
Other Details:
|
Determines that the estimated total amount of grants
likely to be made during the 2022‑2023
financial year under section
593 of the Telecommunications
Act 1997 (the Act) is $2,435,000.
Section 593 of the Act provides that the Minister may, on
behalf of the Commonwealth, make a grant of financial assistance to:
- a
consumer body for purposes in connection with the representation of the interests
of consumers in relation to telecommunications issues
(subsection 593(1)); and/or
- a
person or body for purposes in connection with research into the social,
economic, environmental or technological implications of developments
relating to telecommunications (subsection 593(2)).
The funding is provided to the Australian Communications
Consumer Action Network (ACCAN), which is the peak body representing
consumers of telecommunication services. ACCAN is currently provided grant
funding as part of a multi-year funding agreement that expires on 30 June
2027.
The grant enables ACCAN to conduct activities necessary
for an effective peak communications consumer advocate, including
representation, research, consumer education and participation in
self-regulatory activities. The grant also allows ACCAN to operate a
competitive Independent Grants Program for individuals and organisations to
undertake research or representation projects in the interest of the
telecommunication consumer.
The amount determined under this instrument is used to
calculate the maximum annual charges that the Australian Communications and
Media Authority may impose on carrier licences held by telecommunications
carriers in force at the beginning of a financial year.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 4 April 2023 in accordance with subsection
12(1) of the Legislation
Act 2003
Made under: paragraph
15(1)(d) of the Telecommunications
(Carrier Licence Charges) Act 1997
Committee comment: none identified
Resources:
|
Type Ratings Excluded from Part 142
Flight Training (Edition 7) Instrument 2023 [F2023L00419]
Variation to Licence Area Plan –
Mudgee Radio – 2023 (No. 1) [F2023L00408]
What it does:
|
Other Details:
|
The instrument amends the Licence Area Plan –
Mudgee Radio (the Mudgee LAP) to vary the characteristics, including
technical specifications, of radio broadcasting services in the Mudgee area
of New South Wales. The main purpose of the variations is to enable the 2MG
commercial radio broadcasting service to convert from AM to FM transmission.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Infrastructure, Transport,
Regional Development, Communications and the Arts
Commencement: 4 April 2023
Made under: subsection
26(2) of the Broadcasting
Services Act 1992
Committee comment: none identified
Resources:
|
Back to top
Prime Minister and Cabinet
Australian National Audit Office
Auditing Standards 2023 [F2023L00440]
What it does:
|
Other Details:
|
Sets auditing standards for the Australian National Audit
Office (ANAO) and the Independent Auditor under section
24 of the Auditor-General
Act 1997, including by updated references to current
standards of the Australian Auditing
and Assurance Standards Board.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 14
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Prime Minister and Cabinet
Commencement: 14 April 2023
Made under: section
24 of the Auditor-General
Act 1997
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Department of Prime Minister and Cabinet about this instrument in
accordance with paragraph
(a) of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 13.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 16.
Resources:
|
Public Service Regulations 2023 [F2023L00368]
What it does:
|
Other Details:
|
The instrument repeals
and remakes the Public Service Regulations 1999, which were due to sunset on 1 April 2023,
with minor streamlining, clarification and technical amendments.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 29
March 2023
Tabled in House of Representatives: 30 March 2023
Tabled in Senate: 9 May 2023
Administered by: Prime Minister and Cabinet
Commencement: 30 March 2023
Made under: section
79 of the Public
Service Act 1999
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) is
engaging with the Department of Prime Minister and Cabinet about this
instrument in accordance with paragraphs
(a), (c),
(d),
(g),
(i)
and (l)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 3–9.
Resources:
|
Remuneration Tribunal Amendment
Determination (No. 3) 2023 [F2023L00524]
Back to top
Social Services
Human Services (Medicare) (Medicare
Programs) Amendment Specification 2023 [F2023L00522]
What it does:
|
Other Details:
|
Amends the Human Services
(Medicare) (Medicare Programs) Specification 2021 to include the
Australian General Practice Training Program (the AGPT Program) as a ‘Medicare
program’ for the purposes of paragraph 41G(b) of the Human Services
(Medicare) Act 1973 (the Act). The AGPT Program is a component of the
Health Workforce Program.
Specifying the AGPT Program as a ‘Medicare program’ will
enable officers to record, communicate and divulge certain information
protected by Commonwealth secrecy laws for the purposes of administering the
AGPT Program.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Social Services
Commencement: 4 May 2023
Made under: paragraph
41G(b) of the Human
Services (Medicare) Act 1973
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) is
engaging with the Department of Social Services about this instrument in
accordance with paragraph
(h) of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 15.
Resources:
|
Back to top
Treasury
ASIC Corporations (Amendment and
Repeal) Instrument 2023/36 [F2023L00456]
What it does:
|
Other Details:
|
The instrument
amends or repeals exemption instruments that provide transitional relief to
reporting entities from certain requirements under the ASIC Derivative Transaction Rules (Reporting) 2013
(2013 TRRRs).
On
16 December 2022, the 2013 TRRRs were repealed and replaced by the ASIC Derivative Transaction Rules (Reporting) 2022, which remade the 2013 TRRRs in the
same form, so as to continue the requirements for reporting of
over-the-counter derivatives transactions beyond the 1 October 2023
sunsetting of the 2013 rules, until the commencement of the ASIC Derivative
Transaction Rules (Reporting) 2024 (2024 TRRRs) on 21 October 2024.
The 2024 TRRRs
will consolidate associated exemptions within the rules.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: Schedules 3 and 4 to the instrument commence on 21 October 2024. All
other Schedules commence on 21 April 2023.
Made under: paragraph
907D(2)(a) of the Corporations Act
2001.
Committee comment: none identified
Resources:
|
ASIC Corporations (Amendment)
Instrument 2023/282 [F2023L00510]
What it does:
|
Other Details:
|
This instrument amends the ASIC Corporations
(Internal Dispute Resolution Data Reporting) Instrument 2022/205 by extending the lodgement window from one to two months
for each period, providing an additional staged approach to the commencement
of the obligations to report internal dispute resolution (IDR) information to
the Australian Securities and Investment Commission.
The instrument also provides
minor clarification amendments on the reporting requirements and updated IDR
data reporting handbook.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 2 May 2023
Made under: subsection
912A(2A) of the Corporations Act
2001
Committee comment: none identified
Resources:
|
ASIC Corporations and Credit
(Repeal) Instrument 2023/131 [F2023L00451]
ASIC Superannuation (Repeal)
Instrument 2023/222 [F2023L00453]
Corporations (Relevant Providers
Degrees, Qualifications and Courses Standard) Amendment (2023 Measures No. 1)
Determination 2023 [F2023L00372]
What it does:
|
Other Details:
|
The instrument updates the Corporations
(Relevant Providers Degrees, Qualifications and Courses Standard)
Determination 2021 (the Determination) by:
- adding
three new degrees approved by the Minister
- adding
one new approved bridging unit
- correcting
and updating approved degree names and the conditions associated with
approved degrees.
The Determination is updated from time to time as
educational providers seek approval of new degrees and make changes to
existing approved degrees and associated units.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 30
March 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 31 March 2023
Made under: section
921B of the Corporations
Act 2001
Committee comment: none identified
Resources:
|
Currency (Australian Coins)
Amendment (2023 Perth Mint No. 1) Determination 2023 [F2023L00430]
What it does:
|
Other Details:
|
The instrument amends the Currency (Australian
Coins) Determination 2019 to determine the characteristics of 48 new
noncirculating coins proposed to be issued by the Perth Mint.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 11
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 12 April 2023
Made under: subsection
13(2) and section
13A of the Currency
Act 1965
Committee comment: none identified
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 25 of 2023 [F2023L00264]
What it does:
|
Other Details:
|
Under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
The instrument
repeals and remakes the Financial Sector (Collection of Data) (reporting
standard) determination No. 45 of 2013, which was due to sunset on 1 April 2023, to set out the
requirements for the provision of information to APRA in relation to a life
company’s related party exposures. The changes do not alter the
existing reporting obligations or interests of life insurers.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 20 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 21 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) engaged with the Treasury about this instrument in
accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 14.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 26 of 2023 [F2023L00275]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential Regulation
Authority (APRA) has the power to determine reporting standards, in writing,
with which financial sector entities must comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 46 of 2013,
which was due to sunset on 1 April 2023, to set out the
requirements for the provision of information to APRA in relation to
calculating a life company’s Asset Risk Charge.
The changes do not alter the existing reporting
obligations or interests of life companies.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 20
March 2023
Tabled in House of Representatives: Originally
tabled on 21 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 22 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The Standing Committee for the Scrutiny
of Delegated Legislation (Delegated Legislation Committee) engaged with the
Treasury about this instrument in accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 14.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 31 of 2023 [F2023L00257]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 52 of 2013,
which was due to sunset on 1 April 2023, to set out the requirements for the
provision of information to APRA in relation to the supplementary information
used to calculate a life company’s capital adequacy.
The changes do not alter the existing reporting
obligations or interests of life insurers.
See the Replacement
Explanatory Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 20 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of
Representatives runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 21 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The
Standing Committee for the Scrutiny of Delegated Legislation (Delegated
Legislation Committee) engaged with the Treasury about this instrument in
accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 32 of 2023 [F2023L00268]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, Australian Prudential Regulation
Authority (APRA) has the power to determine reporting standards, in writing,
with which financial sector entities must comply.
The instrument repeals and remakes the Financial Sector
(Collection of Data) (reporting standard) determination No. 53 of 2013,
which was due to sunset on 1 April 2023, to set out the requirements for the
provision of information to APRA in relation to a life company’s financial
position.
The changes
to the instrument do not alter the existing reporting obligations
or interests of life companies. See the Replacement
Explanatory Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 17
March 2023
Tabled in House of Representatives: Originally
tabled on 21 March 2023. A rectified authorised version of the instrument was
tabled on 30 March 2023. The disallowance period in the House of Representatives
runs from 30 March. See section
15DA of the Legislation
Act 2003.
Tabled in Senate: Originally tabled on 22 March
2023. A rectified authorised version of the instrument was tabled on 9 May
2023. The disallowance period in the Senate runs from 9 May. See section
15DA of the Legislation
Act 2003.
Administered by: Treasury
Commencement: 1 April 2023
Made under: Paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Treasury about this instrument in accordance with paragraphs
(a) and (g)
of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 48 of 2023 [F2023L00403]
Financial Sector (Collection of
Data) (reporting standard) determination No. 49 of 2023 [F2023L00404]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
This instrument repeals and replaces the Financial Sector
(Collection of Data) (reporting standard) determination No. 1 of 2022 and the Financial Sector (Collection of Data) (reporting
standard) determination No. 23 of 2019, to set out requirements for the provision of
information to APRA relating to an authorised deposit-taking institution’s
on- and off-balance sheet exposures that are subject to calculations using
the standardised approach to credit risk.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 3 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
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
(a) of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 50 of 2023 [F2023L00411]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
This instrument repeals:
outlines the
requirements for the provision of information to APRA in relation to an
authorised deposit-taking institution’s exposures that are subject to
calculations using the internal ratings-based approach to credit risk.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 3 April 2023
Made under: paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001
Committee comment: none identified
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 51 of 2023 [F2023L00405]
What it does:
|
Other Details:
|
Under paragraph
13(1)(a) of the Financial Sector
(Collection of Data) Act 2001, the Australian Prudential
Regulation Authority (APRA) has the power to determine reporting standards,
in writing, with which financial sector entities must comply.
This instrument repeals and replaces the Financial Sector
(Collection of Data) (reporting standard) determination No. 16 of 2017, to set out the requirements for
the provision of information to APRA in relation to
an authorised deposit-taking institution’s securitisation exposures.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 3
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Treasury
Commencement: 3 April 2023
Made under: paragraph
13(1)(a) and section
15 of the Financial Sector
(Collection of Data) Act 2001
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
(a) of Senate Standing Order 23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Financial Sector (Collection of
Data) (reporting standard) determination No. 52 of 2023 [F2023L00406]
Financial Sector (Collection of
Data) (reporting standard) determination No. 53 of 2023 [F2023L00409]
Financial Sector (Collection of
Data) (reporting standard) determination No. 54 of 2023 [F2023L00417]
Financial Sector (Collection of
Data) (reporting standard) determination No. 55 of 2023 [F2023L00407]
Financial Sector (Collection of
Data) (reporting standard) determination No. 56 of 2023 [F2023L00410]
Financial Sector (Collection of
Data) (reporting standard) determination No. 57 of 2023 [F2023L00412]
Treasury Laws Amendment (Disclosure
of Information to Fraud Fusion Taskforce) Regulations 2023 [F2023L00436]
Back to top
Veterans’ Affairs
Amendment Statement of Principles
concerning external burn (Balance of Probabilities) (No. 60 of 2023) [F2023L00508]
Amendment Statement of Principles
concerning external burn (Reasonable Hypothesis) (No. 59 of 2023) [F2023L00507]
Safety, Rehabilitation and
Compensation (Defence-related Claims)—Guide to the Assessment of the Degree of
Permanent Impairment 2023 [F2023L00364]
What it does:
|
Other Details:
|
The instrument
sets out the criteria by which the degree of permanent impairment and
non-economic loss suffered by an injured employee shall be assessed for the
purposes of the payment of compensation under the Safety,
Rehabilitation and Compensation (Defence-Related Claims) Act 1988.
See the Explanatory
Statement for the instrument for further information.
|
Registered on Federal Register of Legislation: 29
March 2023
Tabled in House of Representatives: 30 March 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans’ Affairs
Commencement: 1 April 2023
Made under: section
28 of the Safety,
Rehabilitation and Compensation (Defence-related Claims) Act 1988
Committee comment: The Standing Committee for the
Scrutiny of Delegated Legislation (Delegated Legislation Committee) engaged
with the Department of Veterans’ Affairs about this instrument in accordance
with paragraph
(a) of Senate Standing Order
23(3). See Delegated Legislation Committee, Delegated
Legislation Monitor, 5, 2023, 10 May 2023, 15.
The Committee has concluded its consideration of the
instrument and has made no further comment. See Delegated Legislation
Committee, Delegated
Legislation Monitor, 6, 2023, 2 June 2023, 17.
Resources:
|
Statement of Principles concerning
albinism (Balance of Probabilities) (No. 32 of 2023) [F2023L00498]
Statement of Principles concerning
albinism (Reasonable Hypothesis) (No. 31 of 2023) [F2023L00497]
Statement of Principles concerning
alpha-1 antitrypsin deficiency (Balance of Probabilities) (No. 34 of 2023) [F2023L00496]
Statement of Principles concerning
alpha-1 antitrypsin deficiency (Reasonable Hypothesis) (No. 33 of 2023) [F2023L00495]
Statement of Principles concerning
autosomal dominant polycystic kidney disease (Balance of Probabilities) (No. 36
of 2023) [F2023L00484]
Statement of Principles concerning
autosomal dominant polycystic kidney disease (Reasonable Hypothesis) (No. 35 of
2023) [F2023L00483]
Statement of Principles concerning
chickenpox (Balance of Probabilities) (No. 30 of 2023) [F2023L00469]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, chickenpox
is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning chickenpox (Reasonable Hypothesis) (No. 29 of 2023)
[F2023L00468], discussed below.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
chickenpox (Reasonable Hypothesis) (No. 29 of 2023) [F2023L00468]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said that
a reasonable hypothesis has been raised connecting chickenpox
with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
Reasonable Hypothesis test applies to liability claims relating to warlike
and non-warlike service.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning chickenpox (Balance of Probabilities) (No. 30 of 2023)
[F2023L00469], discussed above.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(2) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
chronic myeloid leukaemia (Balance of Probabilities) (No. 58 of 2023) [F2023L00487]
Statement of Principles concerning
chronic myeloid leukaemia (Reasonable Hypothesis) (No. 57 of 2023) [F2023L00486]
Statement of Principles concerning
decompression illness (Balance of Probabilities) (No. 24 of 2023) [F2023L00465]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, is connected with the circumstances
of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning decompression illness (Reasonable Hypothesis) (No. 23
of 2023) [F2023L00464], discussed below.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
decompression illness (Reasonable Hypothesis) (No. 23 of 2023) [F2023L00464]
Statement of Principles concerning
Gaucher disease (Balance of Probabilities) (No. 38 of 2023) [F2023L00517]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, Gaucher
disease is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning Gaucher disease (Reasonable Hypothesis) (No. 37 of
2023) [F2023L00518], discussed below.
|
Registered on Federal Register of Legislation: 2
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
Gaucher disease (Reasonable Hypothesis) (No. 37 of 2023) [F2023L00518]
Statement of Principles concerning
haemophilia (Balance of Probabilities) (No. 40 of 2023) [F2023L00515]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, haemophilia
is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning haemophilia (Reasonable Hypothesis) (No. 39 of 2023)
[F2023L00514], discussed below.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans'
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
haemophilia (Reasonable Hypothesis) (No. 39 of 2023) [F2023L00514]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said that
a reasonable hypothesis has been raised connecting haemophilia
with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
Reasonable Hypothesis test applies to liability claims relating to warlike
and non-warlike service.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning haemophilia (Balance of Probabilities) (No. 40 of 2023)
[F2023L00515], discussed above.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(2) of the Veterans'
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
hereditary spherocytosis (Balance of Probabilities) (No. 42 of 2023) [F2023L00471]
Statement of Principles concerning
hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023) [F2023L00470]
Statement of Principles concerning
Huntington disease (Balance of Probabilities) (No. 50 of 2023) [F2023L00500]
What it does:
|
Other Details:
|
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, Huntington
disease is connected with the circumstances of that service.
- Statement
of Principles (SoPs) are legislative instruments applied in determining
liability for injuries, diseases and deaths under the Veterans'
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the 'balance of probabilities' or 'reasonable satisfaction' test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning Huntington disease (Reasonable Hypothesis) (No. 49 of
2023) [F2023L00499], discussed below.
|
Registered on Federal Register of Legislation: 28
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans’ Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans'
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
Huntington disease (Reasonable Hypothesis) (No. 49 of 2023) [F2023L00499]
Statement of Principles concerning
Marfan syndrome (Balance of Probabilities) (No. 52 of 2023) [F2023L00481]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, Marfan
syndrome is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning Marfan syndrome (Reasonable Hypothesis) (No. 51 of
2023) [F2023L00480], discussed below.
|
Registered on Federal Register of Legislation: 27 April
2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023) [F2023L00480]
Statement of Principles concerning
melioidosis (Balance of Probabilities) (No. 56 of 2023) [F2023L00489]
What it does:
|
Other Details:
|
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, melioidosis
is connected with the circumstances of that service.
- Statement
of Principles (SoPs) are legislative instruments applied in determining
liability for injuries, diseases and deaths under the Veterans'
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the 'balance of probabilities' or 'reasonable satisfaction' test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning melioidosis (Reasonable Hypothesis) (No. 55 of 2023)
[F2023L00488], discussed below.
|
Registered on Federal Register of Legislation: 28
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans’ Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans'
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
melioidosis (Reasonable Hypothesis) (No. 55 of 2023) [F2023L00488]
Statement of Principles concerning
multiple osteochondromatosis (Balance of Probabilities) (No. 44 of 2023) [F2023L00479]
Statement of Principles concerning
multiple osteochondromatosis (Reasonable Hypothesis) (No. 43 of 2023) [F2023L00478]
Statement of Principles concerning
osteogenesis imperfecta (Balance of Probabilities) (No. 54 of 2023) [F2023L00504]
Statement of Principles concerning
osteogenesis imperfecta (Reasonable Hypothesis) (No. 53 of 2023) [F2023L00502]
Statement of Principles concerning
plantar fibromatosis (Balance of Probabilities) (No. 22 of 2023) [F2023L00473]
Statement of Principles concerning
plantar fibromatosis (Reasonable Hypothesis) (No. 21 of 2023) [F2023L00472]
Statement of Principles concerning
retinal burn (Balance of Probabilities) (No. 26 of 2023) [F2023L00467]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, retinal
burn is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning retinal burn (Reasonable Hypothesis) (No. 25 of 2023)
[F2023L00466], discussed below.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
retinal burn (Reasonable Hypothesis) (No. 25 of 2023) [F2023L00466]
Statement of Principles concerning
shingles and postherpetic neuralgia (Balance of Probabilities) (No. 28 of 2023)
[F2023L00476]
Statement of Principles concerning
shingles and postherpetic neuralgia (Reasonable Hypothesis) (No. 27 of 2023) [F2023L00477]
Statement of Principles concerning
von Willebrand disease (Balance of Probabilities) (No. 46 of 2023) [F2023L00513]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, von
Willebrand disease is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning von Willebrand disease (Reasonable Hypothesis) (No. 45
of 2023), discussed below.
|
Registered on Federal Register of Legislation: 1
May 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsections
196B(3) of the Veterans'
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
von Willebrand disease (Reasonable Hypothesis) (No. 45 of 2023) [F2023L00512]
Statement of Principles concerning
Wilson disease (Balance of Probabilities) (No. 48 of 2023) [F2023L00475]
What it does:
|
Other Details:
|
The Statement of Principles (SoPs) sets out the factors
that must as a minimum exist, and which of those factors must be related to
the kinds of military service rendered by a person before it can be said
that, on the balance of probabilities, Wilson
disease is connected with the circumstances of that service.
- SoPs
are legislative instruments applied in determining liability for injuries,
diseases and deaths under the Veterans’
Entitlements Act 1986 and the Military
Rehabilitation and Compensation Act 2004. SoPs set out the factors
which can connect particular injuries, diseases or death with military
service and are determined by the Repatriation Medical Authority.
- The
standard of proof that applies to liability claims relating to peacetime
service is the ‘balance of probabilities’ or ‘reasonable satisfaction’ test.
See the Explanatory
Statement for the instrument for further information.
See also the Statement of
Principles concerning Wilson disease (Reasonable Hypothesis) (No. 47 of 2023)
[F2023L00474], discussed below.
|
Registered on Federal Register of Legislation: 27
April 2023
Tabled in House of Representatives: 9 May 2023
Tabled in Senate: 9 May 2023
Administered by: Veterans' Affairs
Commencement: 23 May 2023
Made under: subsection
196B(3) of the Veterans’
Entitlements Act 1986
Committee comment: none identified
Resources:
|
Statement of Principles concerning
Wilson disease (Reasonable Hypothesis) (No. 47 of 2023) [F2023L00474]
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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