Regulatory Plan Entries

Past Regulatory Items

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

The AML/CTF Act implements a new anti-money laundering and counter-terrorism financing regime. The Act was developed in close consultation with industry. The Act regulates services provided by businesses in the financial services, gambling and bullion dealing sectors.

Circuit Layouts protection

The amendments in the Circuit Layouts Amendment Regulations 2008 streamline and automate the process for how foreign countries receive protection for circuit layouts in Australia.

Classification - Fees for applications submitted under the Additional Content Assessor scheme

This amendment to the Classification (Publications, Films and Computer Games) Regulations 2005 prescribes fees for applications for the classification of films that are submitted under the Additional Content Assessor scheme.

Classification – Review of Classification Fee Waiver Principles

Fee Waiver Principles were reviewed and remade following introduction of new fees in December 2005, transfer in July 2007 of the power to determine the principles to the Minister in consultation with Censorship Ministers, and provision of power to the Convenor to waive fees for applications to the Classification Review Board.

Classification (Publications, Films and Computer Games) Amendment (Advertising and Other Matters) Act 2008

This Act is part of a package of reforms which, together with amendments to State and Territory legislation and to legislative instruments under the Classification (Publications, Films and Computer Games) Act 1995, removes the prohibition on advertising unclassified films and computer games. The 2008 Act amends the classification requirements for films that are compilations of episodes of a television series that have been broadcast in Australia.

Classification (Publications, Films and Computer Games) Amendment Act 2007

These amendments arise out of the Classification (Publications, Films and Computer Games) Amendment Act 2007. Regulation 16 has been amended so that review applicants must apply to the Convenor rather than the Director for a partial refund of the application fee if they withdraw their review application before a decision has been made by the Review Board. Regulations prescribe the way in which the 20 business day period within which the Classification Board and the Classification Review Board must make their decisions is worked out.

Customs (Prohibited Imports) Amendment Regulations 2006 (No. 3)

Schedule 6 of the Customs (Prohibited Imports) Regulations 1956 deals with requirements for the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and replicas. The purpose of the amendment Regulations is to simplify the importing process for importers. The amendment Regulations are the first step in a redrafting process to ensure that Schedule 6 is more user‑friendly.

Family Law Amendment Regulations 2007 (No. 1)

The Family Law Amendment Regulations 2007 (No. 1) (the amending Regulations) update the Family Law Regulations 1984 (the Family Law Regulations) to reflect changes introduced by the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Ratification of the United Nations Convention on the Rights of Persons with Disabilities

On 30 March 2007, Australia signed the Convention when it opened for signature in New York. On 17 July 2008, Australia ratified the Convention.

Proposed Regulatory Items

Appropriate controls on the importation of magazines for fully automatic firearms

Due to a drafting error, the Customs (Prohibited Imports) Regulations 1956, currently apply a lower level of import control to detachable firearm magazines with a capacity of more than five rounds for fully automatic firearms than for the same type of magazines for semi-automatic firearms. These items are high risk and their importation must be limited to those with a genuine reason to import.

The effect of the proposed change will be to restrict the importation of detachable firearm magazines with a capacity of more than five rounds for fully automatic firearms to certain situations.

Bankruptcy offences amendments

The offences amendments are intended to promote compliance with obligations under the Bankruptcy Act; ensure consistency amongst the penalties in the Act and align bankruptcy penalties with penalties for similar offences in other legislation; and clarify and strengthen the Inspector-General’s powers to investigate offences.

Bankruptcy – Trustees’ remuneration amendments

The trustee remuneration amendments are intended to enhance the effectiveness of the provisions of the Bankruptcy Act governing the fixing and claiming of remuneration by registered trustees, in order to improve the transparency of the process and reduce disputes relating to remuneration.

Classification – Fees for applications submitted under new arrangements for advertising of unclassified films and computer games

This amendment to the Classification (Publications, Films and Computer Games) Regulations 2005 will prescribe fee(s) for applications for the assessment of the likely classification of an unclassified film or computer game under new arrangements for the advertising of unclassified films and computer games.

Classification – Fees for applications submitted under the Authorised Television Series Assessor scheme.

This amendment to the Classification (Publications, Films and Computer Games) Regulations 2005 will prescribe fee(s) for applications for the classification of television series submitted under a new Authorised Television Series Assessor scheme.

Classification – Fee Review

This amendment to the Classification (Publications, Films and Computer Games) Regulations 2005 will prescribe new fee(s) for classification services arising from the Review of Classification Fees.

Classification - Instrument establishing authorised assessor scheme for advertising unclassified films and computer games

A new Commonwealth Instrument will establish an industry-based self assessment scheme whereby the likely classification of an unclassified film or computer game is assessed for the purpose of advertising that material together with classified material.

Classification - Instrument establishing authorised assessor scheme for films that are compilations of episodes of a TV series

A new Commonwealth instrument will establish an industry based assessor scheme whereby trained and authorised assessors can make recommendations to the Board on appropriate classifications and consumer advice for films that are compilations of episodes of a television series and series related material.

Classification (Markings for Publications) Determination 2007 – amendment

Censorship Ministers will consider whether to amend the classification marking requirements for unrestricted publications and the placement of other classification markings.

Classification of hate-based material

Commonwealth, State and Territory Censorship Ministers are considering whether the National Classification Scheme appropriately balances freedom of expression while limiting the availability of hate-based material.

Consideration of accession of the Optional Protocol to the UN Disability Convention

The Optional Protocol allows the UN Committee established under the Convention to receive and investigate complaints from people in countries that have become a party to the Protocol. A person would have to exhaust all domestic remedies before complaining to the Committee.

Consideration of accession of the Optional Protocol to the UN Convention Against Torture

Where a country chooses to become a party to the Optional Protocol, it would allow the UN Committee established under it to visit places of detention within a country to ensure that the obligations of the Convention are being met. It also requires countries to establish or designate National Preventative Mechanisms to prevent torture.

Copyright - exceptions to Technological Protection Measures

Submissions regarding a review of the circumvention of technological protection measures have been received by the Department from September 2006 onwards. The Attorney-General has 4 years after the receipt of a submission to decide whether or not to make regulations to exempt certain circumvention of TPMs.

Copyright – statutory review of Parallel Importation Enforcement Amendments

Under section 15 of the Copyright Amendment (Parallel Importation) Act, the Minister must cause a review of the operation of the amendments made by Schedule 4 to be carried out as soon as practicable after the fourth anniversary of the commencement of that Schedule. Schedule 4 commenced on 13 May 2003. Some enforcement amendments included in the Copyright Act in 2003, including the conferral of jurisdiction on the Federal Magistrates Court, will be reviewed and the report will be tabled in Parliament.

Disability Standards for Accessible Public Transport 2002 (Transport Standards)

The review will consider whether discrimination has been removed, as far as possible, according to the compliance requirements set out in the Transport Standards, and whether any amendments to the Transport Standards are necessary.

Emerging firearms technologies and the classification of firearms under the Customs (Prohibited Imports) Regulations 1956

Some firearms entering the market are classified as manually operated firearms under the existing regulatory settings and are therefore subject to lower levels of import control. Consideration is being given to whether these types of firearms should be subject to higher levels of import control because of certain characteristics.

Family Law Regulations 1984

Section 10A of the Family Law Act 1975 allows Accreditation Rules to be prescribed in the Family Law Regulations 1984 for family counsellors, family dispute resolution practitioners and people performing other prescribed roles.

Financial Transaction Reports Amendment Regulations 2007 (No. 1)

Regulation 11CA of the Financial Transaction Reports Regulation 1990 is no longer necessary as the legislative provisions to which it relates did not ever come into force as a result of the earlier commencement of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

Government response to Older People and the Law

Government is considering the report’s recommendations (which include the possible legislative amendments to laws including the Age Discrimination Act 2004).

Government Response to the Productivity Commission Review of the Disability Discrimination Act 1992

Under the National Competition Principles Agreement (NCPA), all Australian governments agreed to review and, where appropriate, to reform all existing legislation that significantly restricts competition and business.

Harmonisation of Commonwealth, State and Territory anti-discrimination laws

Commonwealth, State and Territory officials are exploring options (legislative and non-legislative) to harmonise anti-discrimination laws for SCAG Ministers to consider.

Native Title Amendment (Technical Amendments) Act 2007 - Bank Guarantee Regulations

The Native Title Amendment (Technical Amendments) Act 2007 amended the Native Title Act 1993 to enable determinations that a future act could be performed conditional upon the proponent securing a bank guarantee, rather than through payment of money on trust. The regulations will prescribe some features of the bank guarantee regime.

New Anti-Money Laundering and Counter-Terrorist Financing Laws

The proposed second tranche of reforms will involve legislative amendment to extend the regulatory obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to a range of business services, including those conducted by real estate agents; dealers in precious metals and dealers in precious stones; lawyers; accountants; and trust and company service providers.

Northern Territory Emergency Response – transport of prohibited material through prescribed areas

The Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008 proposes to amend the Classification (Publications, Films and Computer Games) Act 1995 to introduce new provisions to allow prohibited material to be transported through prescribed areas in the Northern Territory.

Proposed Disability Standard for Access to Premises

Section 31 of the Disability Discrimination Act 1992 (the DDA) provides that the Attorney-General may formulate disability standards in relation to a number of areas covered by the DDA. Disability standards only come into effect after they are tabled in, and approved by, Parliament.

Removal of discrimination and differential treatment in a range of Commonwealth laws

The Government is making amendments to a range of Commonwealth laws to ensure that same-sex couples and their families are recognised

Review of Classification Fee Waiver Principles

Subsection 91(1A) of the Classification (Publications, Films and Computer Games) Act 1995 provides that the Director of the Classification Board may waive classification fees in accordance with written principles determined by the Director and agreed to by the Minister.

Review of the legislative framework of the International Transfer of Prisoners Scheme

The legislative framework of the International Transfer of Prisoners Scheme is being reviewed to enhance its ability to provide a clear structure and process to facilitate the transfer of prisoners to and from Australia.

Telecommunications (Interception and Access) Act 1979

The proposed Regulations will implement an interception capability determination and a delivery capability determination under sections 189 and 203 of the Telecommunications (Interception and Access) Act 1979.

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