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Monday, 27 February 2012
Page: 1987

Commonwealth Subordinate Legislation

(Question Nos 666 to 687)


Mr Fletcher asked the Prime Minister, Treasurer, Minister representing the Minister for Broadband, Communications and the Digital Economy, Minister for Regional Australia, Regional Development and Local Government, Minister for Foreign Affairs, Minister for Defence, Minister for Immigration and Citizenship, Minister for Infrastructure and Transport, Minister for Health and Ageing, Minister for Families, Housing, Community Services and Indigenous Affairs, Minister for Sustainability, Environment, Water, Population and Communities, Minister representing the Minister for Finance and Deregulation, Minister for School Education, Early Childhood and Youth, Minister representing the Minister for Innovation, Industry, Science and Research, the Attorney-General, Minister representing the Minister for Agriculture, Fisheries and Forestry, Minister for Resources and Energy, Minister for Tourism, Minister for Trade, Minister for Climate Change and Energy Efficiency Minister representing the Minister for Jobs and Workplace Relations, Minister for Tertiary Education and Skills, in writing, on the 13 October:

In respect of the Pre-2008 Review of Subordinate Legislation, will the Minister (a) provide a summary of the subordinate legislation within his/her portfolio areas (including the portfolios of his/her junior ministers and parliamentary secretaries) that were identified in the review as redundant and therefore in need of repeal, (b) describe the processes established to repeal this subordinate legislation, including estimated timeframes for repeal, and (c) indicate progress against these processes, including the subordinate legislation that has been repealed to date.


Mr Swan: The Minister for Finance and Deregulation has supplied the following answer to the honourable member's question:

A review of Commonwealth subordinate legislation created before January 2008 conducted by the Department of Finance and Deregulation on behalf of the Government identified redundant and potentially redundant subordinate legislation. Attachment A provides details of the advice I have received from portfolio Ministers regarding progress by agencies in reviewing subordinate legislation that was identified by the review as potentially redundant and the repeal of redundant instruments. Attachment A:

 

Attachment A

Potentially redundant subordinate legislation

Processes established for repeal, including estimated timeframes for repeal

Status

Progress to date

Attorney-General's Portfolio

 

 

Passenger Movement Charge Collection Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Review of individual regulations has been completed . Drafting instructions for the repeal of the regulations that are no longer relevant to the Passenger Movement Charge regime will be issued in the near future.

Prime Minister & Cabinet Portfolio

 

 

Australian Film, Television and Radio School (Allowances) Regulations 1992

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Repealed by Arts Legislation Redundant Regulations (Repeal) 2011 dated 29 September 2011.

Film Licensed Investment Company Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Revoked by Minister by legislative instrument dated 12 September 2011.

National Gallery Regulations (Amendment) 1996

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Repealed by Arts Legislation Redundant Regulations (Repeal) 2011 dated 29 September 2011.

National Gallery Regulations 1987

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

See above.

National Gallery Regulations (Amendment) 1986

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

See above.

National Gallery Regulations (Amendment) 1984

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

See above.

National Gallery Regulations (Amendment) 1998 (No.1)

Not applicable.

No further action

Following review by PM&C the regulations were found not to be redundant as they were still in use. This was confirmed by OLDP.

Public Lending Right Scheme Regulations amending regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Revoked by Minister by legislative instrument dated 12 September 2011.

Refundable Film Tax Offset Rules

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Revoked by Minister by legislative instrument dated 12 September 2011.

Remuneration Tribunal Rulings and Determinations certain redundant instruments

The Remuneration Tribunal reviews and makes new determinations annually.

In progress

The process of examining redundant determinations is ongoing.

Ombudsman (Northern Territory Self-Government) (Transitional Arrangements) Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Instructions to repeal the regulations were issued to OLDP in November 2011.

Agriculture, Fisheries and Forestry Portfolio

 

 

Dairy Structural Adjustment Program Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The instrument was repealed by the Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011. Repeal of the Dairy Structural Adjustment Program Regulations came into effect on 8 June 2011.

Forestry Bureau Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The instrument was repealed by the Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011. Repeal of the Forestry Bureau Regulations came into effect on 8 June 2011.

Land and Water Resources Research and Development Corporation Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The repeal of the Land and Water Resources Research and Development Corporation Regulations came into effect on 31 December 2009.

Wool International Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The instrument was repealed by the Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011. Repeal of the Wool International Regulations came into effect on 8 June 2011.

Broadband, Communications and the Digital Economy Portfolio

 

Digital Data Service Obligation Regulations

DBCDE has established a process to internally review the instrument to ensure that: (a) there are no unintended consequences in relation to its repeal; and (b) any repeal process is consistent with the coordinated management of the sunsetting provisions in the Legislative Instruments Act 2003 . Following the internal review, DBCDE will liaise, as appropriate, with the OLDP in relation to a coordinated process for the repeal and/or sunsetting of the instrument. Depending on the outcome of these processes, it is estimated that the repeal of the instrument could be completed early in 2012.

In progress

DBCDE is conducting the internal review of the instrument and will prepare materials for the OLDP in relation to its repeal or sunset.

Regional Telecommunications Independent Review Committee (First Review Starting Date) Determination (No.1) 2007

As above.

In progress

DBCDE is conducting the internal review of the instrument and will prepare materials for the OLDP in relation to its repeal or sunset.

Postal and Telecommunications Commissions (Transitional Provisions) Regulations

As above.

In progress

DBCDE is conducting the internal review of the Postal and Telecommunications Commissions (Transitional Provisions) Regulations and is preparing instructions to the OLDP in relation to its repeal.

Parliamentary Proceedings Broadcasting Regulations

As above.

No further action

DBCDE has completed the internal review of this instrument, and has identified that the instrument should not be repealed as it has ongoing relevance.

Australian Broadcasting Corporation (A.B.C. Stock) Regulations

As above.

No further action

DBCDE has completed the internal review of this instrument, and has identified that the instrument should not be repealed as it has ongoing relevance.

Australian Broadcasting Corporations Regulations

As above.

In progress

DBCDE has completed the internal review of the Australian Broadcasting Corporations Regulations and has determined that the instruments can be repealed. DBCDE will prepare materials for the OLDP in relation to the repeal of these instruments.

Australian Broadcasting Corporation (Election of staff-elected Director) Regulations

As above.

In progress

DBCDE has completed the internal review of the instrument and has determined that the instrument can be repealed. DBCDE will prepare materials for the OLDP in relation to the repeal of this instrument.

Special Broadcasting Service Regulations

As above.

In progress

DBCDE has completed the internal review of the instrument and has determined that the instrument can be repealed. DBCDE will prepare materials for the OLDP in relation to the repeal of this instrument.

Telecommunications (Consumer Protection and Service Standards) (Communications Fund) Regulations 2005

As above.

In progress

DBCDE has completed the internal review of the instruments and has determined that the instruments can be repealed. DBCDE will prepare materials for the OLDP in relation to the repeal of these instruments.

Australian Broadcasting Tribunal (Inquiries) (Transitional Provisions) Regulations

As above.

In progress

DBCDE has completed the internal review of the instrument and has determined that the instrument can be repealed. DBCDE will prepare materials for the OLDP in relation to the repeal of this instrument.

Determination of Requirements Certificates under subsections 282(3), (4) and (5)

The ACMA has established a process to internally review the instrument to ensure that there are no unintended consequences in relation to its repeal. Following the internal review, the ACMA will liaise, as appropriate, with the OLDP in relation to a coordinated process to repeal the instrument (likely in the first half of 2012).

In progress

The ACMA is conducting an internal review of the instrument and will prepare materials for OLDP in relation to updating the status of the instrument.

Climate Change Portfolio

 

 

No legislative instruments were identified as redundant or potentially redundant for this Department .

 

Completed

 

Education, Employment and Workplace Relations Portfolio

 

 

Asbestos-Related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Regulations 2005

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The relevant legislation, the Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005 , was repealed by the Statute Stocktake Act (No. 1) 2011 which in turn had the effect of repealing this asbestos regulation.

Skilling Australia ' s Workforce (Repeal and Transitional Provisions) Regulation 2005

Processes are underway for the Skilling Australia ' s Workforce (Repeal and Transitional Provisions) Act 2005 to be repealed as part of the next Statute Law Revision Bill which is expected to be introduced in Parliament in the 2012 Autumn sittings. When the Act is repealed the regulations will cease to have effect and will consequently be removed from the federal register of legislative instruments.

In progress

The Skilling Australia ' s Workforce (Repeal and Transitional Provisions) Regulations will cease once the Skilling Australia ' s Workforce (Repeal and Transitional Provisions) Act 2005 has been repealed. It is expected that the S killing Australia ' s Workforce (Repeal and Transitional Provisions) Act will be repealed through a Statute Law Revision Bill to be introduced in the Autumn 2012 sittings.

Builders Labourers ' Federation Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Drafting instructions will be issued early in 2012.

Construction Industry Development Agency Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Drafting instructions will be issued early in 2012.

Tradesperson ' s Rights Regulation

The Tradespersons Rights Regulation Act 1946, Tradespersons Rights (Cost Recovery) Regulations and Tradespersons Rights Regulations are current and are used for the recognition of tradespersons with skills in 49 identified trades. Consideration is being given to progressing an alternative process for recognition of this group of tradespersons within the Australian Qualification Framework System (AQF).

No further action

The subordinate legislation has not been repealed to date as it remains active. Consideration is being given to progressing an alternative process for recognising this group of tradespersons skills such as with the Australian Qualification Framework System.

Defence Portfolio

 

 

Australian Defence Force Operations

Defence is in the process of undertaking a legislation consolidation exercise, which includes the incorporation of Navy and Air Force Acts into the Defence Act 1903. Once this exercise has been completed the Finance Review recommended the incorporation of the Australian Military Regulations into the Defence Force Regulations and Defence (Personnel) Regulations .

In progress

A tri-service working group has been established to work on amalgamating the legislation of the three services into the Defence Act 1903 .

Defence (Certification of Deaths) Regulations

After further consideration, Defence has determined that these regulations are not redundant and has requested that Office of Legislative Drafting and Publishing incorporate them into the Defence Force Regulations .

In progress

The consolidation of the regulations will be completed in accordance with Office of Legislative Drafting and Publishing priorities .

Foreign Affairs and Trade Portfolio

 

 

Treaty of Peace Regulations

Following Ministerial approval, the legislation (and regulations) were included on the next Statute Law Revision (SLR) Bill by the Office of Parliamentary Counsel to be repealed . The timeframe for repeal depends on the timing of the tabling of the next SLR Bill . SLR Bills are usually prepared on an annual basis . The next SLR Bill is due to be introduced in the Winter Sitting of 2012.

In progress

The legislation and regulations will be included in the next SLR Bill by OPC to be introduced in the Winter Sitting of 2012.

Human Services Portfolio

 

 

The Pre-2008 Review did not identify redundant instruments.

 

No further action

 

 

Immigration and Citizenship Portfolio

 

The Pre-2008 Review identified instruments within the following eight regulation clusters as redundant or potentially redundant:

1. Australian Citizenship Regulations

2. Immigration (Education) Charge Regulations

3. Immigration (Education) Regulations

4. Immigration (Guardianship of Children) Regulations

5. Migration (United Nations Security Council Resolutions) Regulations

6a. Migration Agents Registration Application Charge Regulations

6b. Migration Agents Regulations

7. Migration Reform (Transitional Provisions) Regulations

8. Reporting Systems Instruments

The agency considered action in relation to all eight clusters identified through the Pre-2008 Review.

 

Completed

The agency:

took action in relation to the cluster 1 (Australian citizen legislative instruments) which required an update to FRLI to reflect that these instruments have ceased;

may consider taking further action in relation to cluster 8 (reporting system instruments) pending the outcome of current reviews; and

deemed no further action was required in relation to the remaining six clusters.

Innovation, Industry, Science, Research and Tertiary Education Portfolio

 

 

No legislative instruments were identified as redundant or potentially redundant for this Department.

 

Completed

 

Infrastructure, Transport, Regional Development and Local Government Portfolio

 

 

Australian Land Transport Development Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Advice is being prepared for the Minister regarding the revocation of these legislative instruments.

Interstate Road Transport Regulations

The states and territories will implement the National Heavy Vehicle Licence (NHVL) by the end of 2012. After the NHVL is implemented, Infrastructure will repeal the Interstate Road Transport Act 1985 (IRTA) with 12 months. All instruments under IRTA will be revoked.

In progress

On 19 August 2011, the Council of Australian Governments signed the Intergovernmental Agreement on Heavy Vehicle Regulatory Reform, which included agreement to establishing a national heavy vehicle regulator and replace existing jurisdiction based legislation with National Heavy Vehicle Law and Regulations by no later than the end of 2012 . After the national law is implemented in the states and territories, the Commonwealth will close and repeal the Interstate Road Transport Act 1985 (IRTA), and all instruments under the IRTA will be revoked at that time.

Stevedoring Industry Levy Imposition and Collection Regulations

Provision for repeal of the redundant enabling Act will be included in an appropriate Maritime Bill for introduction in 2012 Winter sittings. Industry will be notified of the proposed repeal.

In progress

The Government will repeal the Stevedoring Levy (Collection) Act 1998 and the Stevedoring Levy (Imposition) Act 1998. Repealing the enabling Acts will result in the repeal of the associated Regulations

The Government proposes to repeal both Acts in an appropriate Maritime Bill for introduction in 2012.

Health and Ageing Portfolio

 

 

Commonwealth Serum Laboratories (Conversion into Public Company) Regulation

The Department is currently reviewing whether it is appropriate to repeal this Regulation. If the Regulation is redundant it will be repealed by the Department.

In progress

The Department of Health and Ageing ' s Legal Services Branch (which is responsible for the process of repealing subordinate legislation) has been liaising with the relevant policy areas within the Department to ensure that it is appropriate to repeal the subordinate legislation identified by the Review.

Food Standards Amendment Act 2007 Proclamation

The Department is currently reviewing whether it is appropriate to repeal this Proclamation. If the Proclamation is redundant it will be repealed by the Department.

In progress

 

Medical Indemnity Regulations - certain potentially redundant instruments relating to United Medical Protection support payments

The Department is currently reviewing the nominated instruments . If the instruments are redundant, they will be repealed.

In progress

 

National Health Regulations - certain potentially redundant regulations relating to nursing homes

Legislation relating to the provision of aged care services (including nursing homes) is currently under review . As part of this process both the NHA and the subordinate legislation relating to nursing homes are being reviewed.

In progress

The provisions within the NHA relating to nursing homes were repealed by the Aged Care Amendment Act 2011. Any subordinate legislation made under these sections has therefore ceased to operate. The Department is in the process of identifying other subordinate legislation made under the NHA which may be redundant, however, this is a time consuming process as a number of pieces of subordinate legislation contain both current and redundant provisions and as such the instruments cannot be repealed in whole.

National Health Regulations - other potentially redundant regulations

Other regulations made by the Department under the NHA will be reviewed by the Department as part of regular processes.

In progress

The provisions within the NHA relating to nursing homes were repealed by the Aged Care Amendment Act 2011. Any subordinate legislation made under these sections has therefore ceased to operate. The Department is in the process of identifying other subordinate legislation made under the NHA which may be redundant, however, this is a time consuming process as a number of pieces of subordinate legislation contain both current and redundant provisions and as such the instruments cannot be repealed in whole.

Pharmaceuticals Regulations certain redundant instruments

These Guidelines are now administered by the Department of Human Services. The Department is liaising with the Department of Human Services regarding the status of these Guidelines.

In progress

 

Tobacco Advertising Prohibition Act 1992 - Guidelines under Section 18

As per Medical Indemnity.

In progress

 

Regional Australia, Regional Development and Local Government Portfolio

 

 

Film Licensed Investment Company Act 2005

The Department supports the Review and is progressing the recommendations. The Department has confirmed that all legislative instruments within the Arts portfolio relating to the defunct Film Licensed Investment Company Act 2005 and its regulations as redundant and these will be revoked.

[The review of Pre-2008 subordinate legislation pre-dated the establishment of the Department.]

In progress

 

Families, Housing, Community Services and Indigenous Affairs Portfolio

 

 

Aboriginal and Torres Strait Islander Commission (ATSIC) Regulations

Eleven of the 12 instruments specified are redundant and can be repealed. The Principal Regulations (Aboriginal and Torres Strait Islander Commission Regulations and the ATSIC (Regional Councils--Election of Officeholders) Regulations) are planned to be repealed in 2012. Their repeal will have the effect of also repealing all amendment Regulations.

Four of the instruments were made under subsection 12(1) of the then Aboriginal and Torres Strait Islander Commission Act 1989 (now the Aboriginal and Torres Strait Islander Commission Act 2005) which has been repealed. FaHCSIA is examining how these four instruments may be repealed.

In progress

 

Instructions for the drafting of the proposed repeal regulations were provided to the Office of Legislative Drafting and Publishing in January 2012 and draft regulations were received on 10 February.

The instrument repealing the Aboriginal and Torres Strait Islander Commission (Misbehaviour) Determination 2002 has been drafted.

 

 

The Aboriginal and Torres Strait Islander Commission Amendment Act 2005—Proclamation (Number 12) was recommended to be repealed but FaHCSIA does not propose to repeal this Regulation because it provides for the commencement of Schedules 1 and 2 of the Aboriginal and Torres Strait Islander Commission Amendment Act 2005.

No further action

 

Native Title Regulations certain instruments relating to representative bodies

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

 

Finance and Deregulation Portfolio

 

 

Airports (Transitional) Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

A review of this Regulation has been completed . Drafting instructions for the repeal of this Regulation will shortly be prepared . It is expected that this Regulation will be repealed in the first half of 2012.

Albury-Wodonga Development Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

A review of this Regulation has been completed . Drafting instructions for the repeal of this Regulation will shortly be prepared . It is expected that this Regulation will be repealed in the first half of 2012.

Appropriation Regulations

In consultation with OPC, OLDP and the AGS, Finance is examining the scope to repeal the Appropriation Acts, under which this subordinate legislation was made prior to 2008, in a single bill or whether multiple instruments are necessary.

In progress

Issues, including interaction with other legislation, are being considered with a view to finalising drafting instructions.

Audit (Transitional and Miscellaneous) Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

It is expected that the amending Regulations to repeal redundant transitional regulations will be submitted to the Federal Executive Council for the Governor-General ' s signature by 1 July 2012.

Australian Industry Development Corporation Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In Progress

A review of this Regulation has been completed . Drafting instructions for the repeal of this Regulation will shortly be prepared . It is expected that this Regulation will be repealed in the first half of 2012.

Commonwealth Funds Management Limited Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

It is expected that the amending Regulations to repeal these redundant regulations will be submitted to the Federal Executive Council for the Governor-General ' s signature by 1 July 2012.

Commonwealth Vehicle Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Drafting instructions are currently being developed for the Office of Legislative Drafting and Publishing (OLDP) to repeal the Regulations.

Territory Authorities (Financial Provisions) Regulations

Consultation with internal and external stakeholders has commenced to identify any ongoing relevance with the Territory Authorities (Financial Provisions) Act to determine whether it should be repealed.

In progress

Consultations will be completed by the end of June 2012 after which a decision will be made on whether or not to progress with repealing this Act.

Resources, Energy and Tourism Portfolio

 

 

Atomic Energy Act Regulations

On 29 October 2009, DRET advised Finance that it has no objection to the repeal of four clusters of instruments. On 1 March 2010 the Minister for Resources and Energy and Minister for Tourism wrote to the Hon Dr Craig Emerson MP, Minister Assisting the Finance Minister on Deregulation suggesting that this legislation be repealed through omnibus legislation.

In progress

To repeal these regulations would require the making of a repeal regulation, which would simply mean replacing one regulation with another, and so no net reduction. On advice from the Office of Legislative Drafting and Publishing, the agency proposes to repeal these instruments through sunsetting provisions, which will occur in 2015.

Moomba-Sydney Pipeline Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Repealed 8 May 2010.

Petroleum Retail Marketing Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

The enabling legislation, Petroleum Retail Marketing Sites Act 1980, was repealed in 2006. This had the effect of repealing these regulations. No action was necessary.

Snowy Mountains Engineering Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

Completed

Repealed by Snowy Mountains Engineering Corporation (Conversion into Public Company) Repeal Regulations 2010 (SLI 2010 No. 85). Snowy Mountains Engineering Corporation (Conversion into Public Company) Repeal Regulations 2010.

 

Sustainability, Environment, Water, Population and Communities Portfolio

 

 

Endangered Species Ordinance 1980

The Australian Antarctic Division will conduct a review of this Ordinance to determine whether the protection afforded under the Environment Protection and Biodiversity Conservation Act 1999 is sufficient to enable the Ordinance to be repealed . This review is expected to take place in early 2012 . If the review recommends that the Ordinance be repealed, this will occur in late 2012.

In progress

The review is expected to take place in early 2012.

Australian Antarctic Territory Regulations - Migratory Birds

As above.

In progress

As above.

Great Barrier Reef Marine Park (Aquaculture) Regulations

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

The Office of Legislative Drafting and Publishing will be issued with drafting instructions to prepare regulations to repeal the Great Barrier Reef Marine Park (Aquaculture) Regulations . It is anticipated that the repeal will take effect in 2012.

Great Barrier Reef Marine Park Regulations certain redundant amending instruments

As above.

In progress

As above.

Endangered Species Ordinance 1980 (HIMI)

The Australian Antarctic Division will conduct a review of this Ordinance to determine whether the protection afforded under the Environment Protection and Biodiversity Conservation Act 1999 is sufficient to enable the Ordinance to be repealed . This review is expected to take place in early 2012 . If the review recommends that the Ordinance be repealed, this will occur in late 2012.

In progress

The review is expected to take place in early 2012.

Heard Island and McDonald Islands Regulations - Migratory Birds

As above.

In progress

As above.

Sea Installations Regulations

The Department of Sustainability, Environment, Water, Population and Communities is currently considering the need to amend the Sea Installations Act 1987 . If amendments to the Act are found to be necessary following this review, then established processes will be followed to amend the Sea Installations Regulations.

In progress

 

Treasury

 

 

Aircraft Noise Levy Collection Regulations

A process to repeal this legislative instrument will be established in due course.

In progress

 

Commonwealth Bank Regulations

Treasury proposes to consider repeal of this cluster of subordinate legislation in 2012.

In progress

See previous column.

Corporations (Foreign Exchange Markets) Exemption Amendment Notice 2005 (No. 1) & Corporations (Foreign Exchange Markets) Exemption Amendment Notice 2005 (No. 2)

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Drafting instructions will be issued early in 2012.

Development Allowance Authority Regulations - ATO

Further investigation of the subordinate legislation is required. It is anticipated that Treasury will consider the repeal of this cluster of subordinate legislation in 2012.

In progress

 

HIH Royal Commission Regulations

After consulting with ASIC, Treasury has decided not to revoke the instrument or repeal the Act until the conclusion of the schemes of arrangement and the winding up of the HIH group by the deregistration of all Australian based group companies.

No further action

 

Trade Practices (Primary Products Exemptions) Regulations

The ACCC requests that it be consulted in relation to any review undertaken by Treasury in relation to the Trade Practices (Primary Products Exemptions) Regulations . A process to consider repeal of these regulations will be established in due course.

In progress

ACCC to liaise with Treasury within a timeframe set by Treasury.

Trade Practices (Removal of Exceptions) Regulations

The ACCC requests that it be consulted in relation to any review undertaken by Treasury in relation to the Trade Practices (Removal of Exceptions) Regulations.

In progress

ACCC to liaise with Treasury within a timeframe set by Treasury.

Fixed Charges Regulations - APRA - certain redundant instruments

Treasury will be liaising with APRA to consider the repeal of this cluster of subordinate legislation in 2012. A process to repeal this legislative instrument will be established in due course.

In progress

 

Medical Indemnity (Prudential Supervision and Product Standards) Act 2003 - Instrument Issuing Guidelines

Agency has confirmed relevant instruments should be repealed / revoked.

In progress

Revocation is expected in Q1 2012.

Papua New Guinea Regulations

Further consultation is required within the department. Treasury will consider repealing these regulations in 2012.

In progress