The Parliamentary Budget Office has compiled a list of unlegislated budget measures for the 47th Parliament from information provided by the relevant Commonwealth entities.

This list presents Commonwealth budget measures with significant financial implications (over $50 million) that have been published in a budget update, where full enabling legislation has not yet passed Parliament.

Table 1 includes measures announced in the 2022-23 October Budget, 2023-24 Budget, the 2023-24 MYEFO and the 2024-25 Budget and is up to date as at 18 December 2024.

Table 2 includes measures that were listed at the previous release of the Unlegislated Measures tracker on 13 August 2024, but are no longer included.

Table 1: Measures announced before the 2024-25 MYEFO that remain unlegislated – as at 18 December 2024

¹ The bills that would provide for the biosecurity protection levy framework are still currently before the Senate. As a result, the required legislation is not in place for the levy to have commenced from 1 July 2024 as announced in the 2023-24 Budget.

² The Nature Repair Market was legislated on 15 December 2023. Legislation required for Environment Protection Australia (EPA) and Environment Information Australia (EIA) was introduced to Parliament on 29 May 2024. These Bills passed the House of Representatives on 4 July 2024 and are currently sitting before the Senate (as at 6 January 2025).

³ Not yet legislated:

• Amendments to the Higher Education Support (Other Grants) Guidelines 2022.

• Introduce a National Higher Education Code to Prevent and Respond to Gender-based Violence from 1 January 2025.

• Amendments to the Education Services for Overseas Students Act 2000.

⁴ Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024 is currently before Parliament and will partially support elements of the Measure. Other elements of the Measure will be supported by the creation of relevant legislative instruments under s33 of the Industry Research and Development Act 1986.

⁵ Governance and Regulatory Reform for Social Licence component is not yet legislated.

⁶ This measure is a transfer to various agencies, with some of the components not for publication (nfp) due to commercial sensitivities.

⁷ All essential major components of measure do not require legislation, are legislated, except for one minor component of this measure, direct collection of gap fees by Family Day Care and In-Home Care providers, which requires legislation by 1 July 2025.

⁸ Better Access Response - Redesigning the Better Access Initiative is unlegislated. Changes to a number of legislated instruments on track to be implemented in advance of Tranche 1 commencing 1 November 2025.

⁹ This Measure covers multiple policy measures, each of which require separate amendments to the legislation. Most legislation commenced by November 2024. Some 3C determinations are scheduled for 1 July 2025. Not yet legislated: Modernising My Health Record - currently before the parliament. Partially legislated: Health Delivery Modernisation Program: Enabling Health Reform.

¹⁰ Components not legislated include: The Practice Incentives Program utilises financial powers and functions under the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act) and the Financial Framework (Supplementary Powers Act 1997 (Cth) (FF(SP) Act). Primary legislation within the financial control framework has not been established to enable the payment of incentives to date.

¹¹ It is proposed that the remaining legislation will be considered for commencement on: 

• 1 March 2025 - Health Insurance Legislation Amendment (Hospital Only Services and Other Measures) Regulations 2025 - unregistered and Various 3C determinations TBC - unregistered

• 1 July 2025 - 1 July 2025 regulations TBC and Various 3C determinations TBC - unregistered

• 1 November 2025 - 1 November 2025 regulations TBC and Various 3C determinations TBC - unregistered, and

• 1 July 2027 - 1 July 2027 regulations TBC and Various 3C determinations TBC - unregistered.

¹² Amendments to the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 (the Act) passed parliament and will come into effect on 1 July 2025. Amendments to the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Rules 2020 will be made by the Minister and will also come into effect on 1 July 2025.

¹³ The Cyber Security Act 2024, Intelligence Services and Other Legislation Amendment (Cyber Security) Act 2024 and the Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Act 2024 partially commenced on 30 November 2024, with staggered commencement for various Parts of each Act through 2025. Some items remain unlegislated.

¹⁴ Mandatory Country of Origin Labelling for the Seafood Sector is pending legislation.

¹⁵ Some components are dependent on a new legislative instrument under the Biosecurity Act 2015 and possibly an amendment to the Export Control Act 2020.

¹⁶ Legislation still to be delivered:

• Protecting First Nations Intellectual Property and Culture.

• Modernising Lending Rights.

• Modernising the Protection of Movable Cultural Heritage Act.

• CLA (Australian content) Bill.

• Modernising the Archives Act.

• Removing the 'above the line' cap and minimum length requirements from the Producer Offset

¹⁷ Unlegislated component requires secondary legislation to implement the reforms introduced through the Sydney Airport Demand Management Act 2024.

¹⁸ Legislation required to implement the elements contained in this measure remain outstanding.

¹⁹ Currently before Parliament and introduced in Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023 and the Superannuation (Better Targeted superannuation Concessions) Imposition Bill 2023. The Better Targeted Superannuation Concessions regulations are reliant on the passage of the primary legislation.

²⁰ The legislation associated with ceasing the Modernising Business Registers Program remains outstanding.

²¹ The Treasury Laws Amendment (Tax Incentives and Integrity) Bill 2024 is currently before Parliament.

²² Primary legislation is currently before Parliament and introduced in Scams Prevention Framework Bill 2024. There remain outstanding legislative instruments to be made in relation to this measure.

²³ Component requiring legislation relating to the Callahan Review remains outstanding.

²⁴ Requires legislation and regulations to fully implement the measures.

²⁵ Primary legislation required to fully implement.

²⁶ Legislation related to beneficial ownership transparency requirements remains outstanding.

²⁷ The Australian Charities and Not-for-profit Commission Review - Rec 17 (secrecy provisions) component is currently before Parliament and introduced in Treasury Laws Amendment (Better Targeted Superannuation Concessions and Other Measures) Bill 2023. The regulations are reliant on the passage of the primary legislation.

Table 2: Measures removed since since the last update – as at 13 August 2024