Linda Reynolds (WA, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Chair of the Senate Standing Committee for the Scrutiny of Delegated Legislation, I present the Delegated legislation monitor No. 13 of 2023 and move:

That the Senate take note of the report.

This report on the committee's consideration of 175 legislative instruments registered between 19 September and 30 October this year includes 152 disallowable instruments and 23 instruments exempt from disallowance. I'd first like to draw the chamber's attention to three instruments on which the committee had been engaging with the Minister for Education. These include the Australian Education Regulations 2023, the Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 and also the Australian National University (Governance) Statute 2023. These instruments determine arrangements for Commonwealth financial assistance to schools, clarifying how grants are to be paid under the National Priorities Pool Program, and provide for governance matters relating to the Australian National University.

The committee has corresponded with the minister about scrutiny issues relating to all of these instruments. These issues include the inclusion of broad discretionary powers, the availability of merits review and the adequacy of accompanying explanatory statements. The committee is pleased to report to this chamber that, in accordance with its requests, the minister has undertaken to update the explanatory statements to address the committee's concerns. On behalf of the committee, I thank the Minister for Education for his timely and constructive engagement about these matters and his undertakings to address the committee's concerns. In light of these ministerial undertakings, the committee has concluded its examination of the instruments and has resolved to withdraw the relevant notices of motion to disallow the instruments.

Finally, I would like to draw the chamber's attention to the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023. This instrument raised a number of scrutiny concerns, including the inclusion of several no-invalidity clauses which have the potential to limit judicial review and the inclusion of strict liability offences. Noting the seriousness of no-invalidity clauses, the committee had sought the minister's further advice about whether the clauses can be removed, noting there are existing provisions that allow NOPSEMA to extend the time they have to make certain decisions. In the alternative to the clause being removed, the committee sought further justification as to why the clauses were necessary. In her response, the minister provided further explanation about why the clauses are necessary and appropriate, including that they serve as a safeguard for relevant titleholders who have already commenced activities based on proposals approved by NOPSEMA. The minister also advised that these provisions have been included in offshore environmental management regulations since 1999. The committee thanks the minister for her response, and, while the committee reiterates that no-invalidity clauses should be used only in exceptional circumstances, it understands the minister's justification.

The minister also undertook to amend the explanatory statement to include the information about how NOPSEMA calculates fees and about the review mechanisms available to address other concerns the committee had raised. The committee thanks the minister for her advice and welcomes the undertakings. In light of this, the committee resolved to conclude its examination of this instrument and to withdraw the notice of motion to disallow the instrument. With these comments and on behalf of the chair, Senator White, I commend the committee's Delegated legislation monitor No. 13 to the chamber.

Question agreed to.