Annual and other reports

Committee Reports

List of Reports (PDF 159KB)

Report
No.

Subject

Date
Tabled

Parliamentary Paper No.

 118 Report on the work of the committee in 2012-13
11/12/13  
117
Report on the work of the committee in 2011-12 27/6/13  
116
Report of the work of the committee in 2010-11 27/6/13  
115
Report on the work of the committee in the 42nd Parliament 27/6/13  
114
Report on the work of the committee in the 41st Parliament 27/6/13  

113

Consultation under the Legislative Instruments Act 2003 – Interim Report (HTML format) (PDF 116KB) 21/6/07  

112

40th Parliament Report (PDF 956KB) (FY 2001-02, 2002-03, 2003-04). Parliamentary scrutiny of delegated legislation. The Committee: Overview and Statistics. Issues raised in report – drafting issues, prejudicial retrospectivity, incorporation of extrinsic material by reference, inadequate explanatory material, proper numbering and citation, indeterminate commencement, provision of legal advice, protection of rights, unreasonable burdens placed on business, consistency in penalty provisions, strict liability offences, appropriate basis for fees and charges, protecting the right to privacy, wide delegation of power, valid sub-delegation of power, wide discretions, time limits for decisions or the provision of information, review rights, offences, retrospective validation of warrants, reduction of licence fees to zero. Inquiry into the Legislative Instruments Bill 2003. Ministerial undertakings.
Appendices:
1. Breakdown of Miscellaneous instruments.
2. Instruments on which the Committee raised concerns during 2001-2002.
3. Instruments on which the Committee raised concerns during 2002-2003.
4. Instruments on which the Committee raised concerns during 2003-2004.
5. Notices of motion to disallow given by the Committee during the 40th Parliament.

23/06/05

141 of 2005

111

Legislative Instruments Bill 2003 (PDF 679KB)
Legislative Instruments (Transitional Provisions and Consequential Amendments) Bill 2003

16/10/03

264 of 2003

110

Annual Report 2000-2001 (PDF 167KB). Parliamentary scrutiny of delegated legislation. Committee scrutiny and statistics. Committee’s scrutiny of instruments – specific concerns – privacy considerations, retrospectivity, subjective discretions, merits review, strict liability offences, delegation of powers; persistent concerns – drafting defects, explanatory material. Ministerial undertakings.
Appendices:
1. Breakdown of Miscellaneous instruments.
2. Instruments on which the Committee raised concerns during 2000-2001.
3. Notices of motion to disallow given by the Committee in 2000-2001.
4. Ministerial undertakings implemented during 2000-2001.

21/03/02

40 of 2002

109

Annual Report 1999-2000 (PDF 643KB). Parliamentary scrutiny of delegated legislation. Overview and statistics. Committee’s scrutiny of instruments in 1999-2000 – persistent concerns – inadequate explanatory material, drafting defects; specific concerns – retrospectivity, delegations, merits review, strict liability offences, privacy considerations, terms of conditions of public sector employment, charges, fees, allowances and expenses. Notices of motion to disallow given in 1999-2000. Ministerial undertakings.
Appendices:
1. Miscellaneous instruments referred to in Chapter 1.
2. Notices of motion to disallow 1999-2000.
3. Undertakings from previous periods that were implemented in 1999-2000.
4. Undertakings from previous periods that were not implemented as at 30 June 2000.

12/10/00

216 of 2000

108

Annual Report 1998-99 (HTML format). Overview and statistics. Committee principles applied to instruments considered in 1998-99 – Issues raised in Report – validity; strict compliance with forms; sub-delegation; retrospectivity; incorporation; breaches of parliamentary propriety; drafting defects; inadequate explanatory material; proper numbering and citation; rights of individuals are protected; unreasonable burdens not placed on business; fees, allowances and expenses; privacy; appropriate safeguards for offence provisions; commercial and livelihood implications; directions that directly affect individuals; merits review; time limits for decisions; matter more appropriate for primary legislation; subjective discretions. Instruments on which the Committee gave a notice of motion to disallow in 1998-99. Ministerial undertakings.
Appendices:
1. Miscellaneous instruments referred to in Chapter 1.
2. Committee statements to the Senate in 1998-99.

17.02.00

33 of 2000

107

Report on the Scrutiny by the Committee of Orders made under the Financial Management and Accountability Act 1997

27.05.99

101 of 1999

106

Annual Report 1997-98. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – invalid sub-delegation; prejudicial retrospectivity; incorporation of material as in force from time to time; compliance with procedural requirements of the enabling Act; possible breaches of parliamentary propriety; drafting defects; inadequate explanatory material; numbering and citation; protection of the rights of individuals; unreasonable burdens on business; fees, allowances and expenses; right to privacy; absence of appropriate safeguards for offence provisions; terms and conditions of public sector employment; review of decision with commercial or livelihood implications; review of decisions affecting personal rights; matters more appropriate for primary legislation. Ministerial undertakings to amend legislation. Special statements – A Breach of the Committee’s Principles; Scrutiny of National Uniform Legislative Schemes; Disallowable Instruments and Parliamentary Propriety; Provisions in legislative instruments which may have been more appropriate for inclusion in an Act; Scrutiny of Great Barrier Reef Zoning Plans. Papers presented at Conferences – Scrutiny by the Committee of regulations providing for the leasing of Commonwealth airports; The Impact of the Regulations and Ordinances Committee on Administrative Law and Ethics; The Accountability of the Executive and the Judiciary to the Parliament: the role of the Senate Standing Committee on Regulations and Ordinances.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1997-98
3. Alphabetical index of legislation and delegated legislation with paragraph references 1997-98

10.03.99

33 of 1999

105

Annual Report 1996-97. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – incorporation of material as in force from time to time; prejudicial retrospectivity; invalid sub-delegation; compliance with procedural requirements of the enabling Act; failure to table; possible breaches of parliamentary propriety; inadequate explanatory material; inappropriate levels of delegation; drafting defects; numbering and citation; unreasonable burdens on business; protection of the rights of individuals; right of reply to adverse material; absence of appropriate safeguards for offence provisions; safeguards on powers given to public officials; right to privacy; fees, charges and allowances; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Special statements – Census; Instruments made under the Native Title Act 1993; Late tabling of legislative instruments; Apparent breach of parliamentary propriety; Legislative instruments made in preparation for the Sydney 2000 Olympic Games; Scrutiny of High Court Rules; A revision of the Federal Executive Council Handbook in respect of explanatory statements for delegated legislation. Legislative Instruments Bill 1996.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1996-97
3. Alphabetical index of legislation and delegated legislation with paragraph references 1996-97

24.06.98

106 of 1998

104

Annual Report 1995-96. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – invalid subdelegation; incorporation of material as in force from time to time; compliance with procedural requirements of the enabling Act; prejudicial retrospectivity; possible breaches of parliamentary propriety; appropriate levels of penalties; drafting defects; numbering and citation; inappropriate levels of delegation; absence or abridgment of rights; strict liability offences; reversal of the onus of proof; privacy; fees, charges, taxes and allowances; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Special statements – Fifth Australasian and Pacific Conference on Delegated Legislation and Second Australasian and Pacific Conference on the Scrutiny of Bills; Scrutiny by the Committee of regulations implementing a national uniform legislative scheme; Government amendments to the Legislative Instruments Bill 1994; Remuneration Tribunal Determination No 12 of 1995; Approved Occupational Clothing Guidelines made under the Income Tax Assessment Act 1936; First meeting of the Committee for the new Parliament; 103rd Report; Delegated legislation affecting civil aviation; Native title instruments.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1995-96
3. Alphabetical index of legislation and delegated legislation with paragraph references 1995-96

25.06.97

111 of 1997

103

Scrutiny by the Committee of the Export Inspection and Meat Charges Collection Regulations

25.06.96

40 of 1996

102

Annual Report 1994-95. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – technical validity and effect; drafting defects; scrutiny of notes; inadequate explanatory material; replies from ministers; numbering and citation; harsh or unfair provisions; privacy; fees and charges; lengthy unexplained retrospectivity; self-incrimination; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights; matters more appropriate for primary legislation. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Delegated legislation made under the Veterans’ Entitlements Act 1986 and the Civil Aviation Regulations: statement by Senator Colston
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1994-95
3. Alphabetical index of legislation and delegated legislation with paragraph references 1994-95

30.11.95

375 of 1995

101

Rules of the Industrial Relations Court

08.06.95

97 of 1995

100

Annual Report 1993-94. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – technical validity and effect; retrospectivity; inappropriate levels of delegation; drafting deficiencies; no numbering or citation; inadequate explanatory material; instruments not subject to tabling and disallowance; access, presentation and publication; failure to explain changes to fees, charges and allowances; harsh or unfair provisions; procedural safeguards; unfair penalties; unusual provisions; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. The application of the Payroll Tax Act 1987 (ACT) to the University of Canberra: statement by Senator Colston. The standard of proof in Australian Federal Police disciplinary proceedings: statement by Senator Colston. Requirements for tabling of delegated legislation: statement by Senator Colston. The Territory of Christmas Island Casino Control Ordinance 1988: statement by Senator Colston.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1993-94
3. Alphabetical index of legislation and delegated legislation with paragraph references 1993-94

08.12.94

321 of 1994

99

Legislative Instruments Bill 1994

17.10.94

176 of 1994

98

Scrutiny by the Committee of Amendments of the Family Law (Child Abduction Convention) Regulations

29.06.94

133 of 1994

97

Delegated Legislation and the Acts Interpretation Act 1901: A Case Study

15.12.93

392 of 1993

96

Annual Report 1992-93. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – technical validity and effect; drafting deficiencies; inadequate explanatory material; retrospectivity; inappropriate levels of delegation; instruments not subject to tabling and disallowance; access, presentation and publication; no numbering or citation; privacy; harsh or unreasonable provisions; appropriate safeguards for powers of public officials; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights; matters more appropriate for primary legislation. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Letter from Senator Loosley to the Prime Minister. Delegated legislation providing superannuation for commonwealth employees: statement by Senator Loosley. Regulations imposing United Nations sanctions: statement by Senator Loosley. Australian Postal Corporation Regulations: statement by Senator Bishop.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1992-93
3. Alphabetical index of legislation and delegated legislation with paragraph references 1992-93

09.12.95

393 of 1993

95

Scrutiny by the Committee of Instruments Administered through the Portfolio of Primary Industries and Energy

27.05.95

74 of 1993

94

Annual Report 1991-92. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in the Report – technical validity and effect; delay in making delegated legislation; drafting deficiencies; failure to implement legislative intent; legislative instruments not subject to appropriate scrutiny; retrospectivity; failure to provide explanatory material; no numbering or citation; cross-reference errors, unexplained increased in fees, charges or allowances; inappropriate levels of delegation; possible duplication of resources; access, presentation and publication; archaic drafting expressions; unreasonable burdens on business; strict and vicarious liability; notification of rights; unreasonable powers given to public officials; removal of existing rights; safeguards on rights of entry upon private premises; balance between individual rights and public interest; right to privacy; discriminatory provisions; excessive fees; lengthy deprivation of rights; review of decisions with commercial and livelihood implications; review of decisions affecting personal rights; matter more appropriate for primary legislation. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Political Broadcast Regulations: Statement by Senator Giles. Child Care Centre Fee Relief Eligibility Guidelines: Statement by Senator Giles. Freedom of Information (Miscellaneous Provisions) Regulations: Statement by Senator Giles. Complaints (Australian Federal Police) Regulations: Statement by Senator Giles. Condolence motion for former Senator Ian Wood.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.8
2. Disallowable instruments tabled in the Senate 1991-92
3. Alphabetical index of legislation and delegated legislation with paragraph references 1991-92

26.05.95

77 of 1993

93

Report on Scrutiny by the Committee of Regulations Imposing United Nations Sanctions

16.12.92

513 of 1992

92

Report on Scrutiny by the Committee of Public Service Determinations 1992/27 and 1992/46

26.11.92

528 of 1992

91

Report on Scrutiny by the Committee of Delegated Legislation made under Acts providing Superannuation for Commonwealth Employees

24.06.92

181 of 1992

90

Annual Report 1990-91. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles. Issues raised in Report – numbering and citation; inappropriate levels of delegation; unexplained increases in fees or charges; inadequate explanatory material; drafting standards; delay in making delegated legislation; retrospectivity; duplication of time and resources; drafting deficiencies; access, presentation and publication; technical validity; failure to effect legislative intent; failure to implement undertakings given to Committee; strict and vicarious liability offences; safeguards and restrictions on the power of entry upon private premises; reversal of onus of proof; proper compensation for persons affected by Commonwealth actions; proper notification of rights and liabilities; protection of rights of persons appearing before courts or tribunals; right to privacy; harsh or unreasonable provisions; inappropriate powers given to public officials; review of decisions which affect commercial and business operations; review of decisions affecting personal rights; matters more appropriate for primary legislation. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Letter from Senator Giles to Prime Minister. Departmental manuals and quasi-legislation: statement by Senator Bishop. Delegated legislation and disallowance: initiative by Senator Patterson. The Third Conference of Australian Delegated Legislation Committees. Further statement on Third Commonwealth Conference on Delegated Legislation. Administrative Review Council project on rule making by Commonwealth agencies. Fee units. Index to legislation.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.10.
2. Instruments made under Acts and subject to disallowance or disapproval by either House of Parliament.

12.12.91

454 of 1991

89

Report on Scrutiny by the Committee of Regulations made under the Sex Discrimination Act 1984

16.10.91

465 of 1991

88

General Report. Overview and statistics. Issues and roles. Guidelines on the application of the Committee’s principles – failure to comply with provisions of the parent Act; failure to effect legislative intent; uncertainty; instruments not subject to tabling and disallowance; appropriate levels of delegation; validity of incorporated material; appropriate limits on powers of officials; drafting errors; numbering and citation; inadequate explanatory material; protection of right to earn a livelihood; rights to privacy; rights of entry search and seizure; strict liability offences; rights of parents and children; rights of classes of people; right to a clear explanation of personal rights and liabilities; reasonableness of penalties, fees and charges; reasonableness of mandatory directions; protection of personal reputation; review of decisions with commercial and livelihood implications; review of decisions involving personal rights. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. The Second Conference of Australian Delegated Legislation Committees. The Third Commonwealth Conference on Delegated Legislation. New Zealand Statutory Publications Bill 1989. Liaison with the Administrative Review Council.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.10.
2. Instruments made under Acts and subject to disallowance or disapproval by either House of Parliament.
3. Alphabetical list of legislation and delegated legislation with paragraph references 1989-90

16.05.91

228 of 1991

87

Special Report on Subdelegation of Powers

29.11.90

427 of 1990

86

General Report. Overview and statistics. Issues and roles. Guidelines on the application of the principles of the Committee – Issues raised in Report – failure to indicate role of Parliament or one of its committees; incorrect or misleading citations in explanatory statements; unclear period in which instrument in force; lack of numbering or citation; technical invalidity; drafting errors; incorporation; unexpected use of delegated powers; failure to effect legislative intent; inadequate explanatory material; retrospectivity; tabling and disallowance; safeguards and restrictions on warrants authorising entry of public officials upon private premises; criteria for ascertaining amount of financial compensation; uncertain rights or obligations; reasonableness of fees and penalties; protection of parties in proceedings before courts and tribunals; possible valid operation of prejudicial retrospectivity; dilution or removal of existing rights or safeguards; proper controls over public officials and authorities; matters more appropriate for primary legislation. Ministerial undertakings implemented. Ministerial undertakings outstanding. Statement by Senator Collins on Self-Government in the ACT. Statement by Senator Collins on consideration by the Committee of the ACT Imperial Acts (Repeal) Ordinance 1988. Confirmation of the power of either House of Parliament in respect of the disallowance of delegated legislation.
Appendices:
1. Classification of legislative instruments under the heading ‘miscellaneous’ in paragraph 1.13.
2. Instruments made under Acts and subject to disallowance or disapproval by either House of Parliament.
3. Alphabetical list of legislation and delegated legislation with paragraph references 1988-1989

31.05.90

93 of 1990

85

General Report. Overview and future directions. Explanatory statements and citation requirements. Guidelines on the application of the Committee’s principles.
Legislation considered 1987-88. Issues raised in Report – absolute discretionary power; advertising; allowances; annual reports; bankruptcy; citation requirements; disclosure of commercial transactions; confidentiality; consolidation; consumers rights; decisions in writing; unrestricted periods of detention; discretionary powers; drafting errors; inadequacy of explanatory statements; exports controls; evidence, disclosure of penalties; fees and charges; failure to table; identity cards; inconsistency; incorporation by reference; invalidity; levy charges; mandatory pre-requisites for making delegated legislation; official visitors; reversal of onus of proof; responsibilities of parents; level of penalties; personal rights; plans of management; preambles; principle (d); protection of personal privacy; reasonableness of fees and charges; reasons; records/registers; retrospectivity; right to practice a trade, business or profession; rights of review; search powers; not in accordance with statute; strict liability; sub-delegation; sunset clauses; tabling and disallowance; tabling of information; ultra-vires; unreviewable discretions; uncertainty. Ministerial undertakings in progress 1987-88. Ministerial undertakings implemented 1987-88.
Appendices:
1. Classification of legislative instruments under the heading ‘other’ in paragraph 1.7
2. Statement referred to by the Chairman in the Senate on 2 June 1988
3. Issues arising in delegated legislation 1987-88
4. Alphabetical index of legislation and delegated legislation with paragraph reference 1987-88

15.06.89

464 of 1989

84

Report on the disallowance of certain freedom of information regulations relating to the Australian Bicentennial Authority [Regulation 3 of the Freedom of Information (Miscellaneous Provisions) Regulations (Amendment), Statutory Rules 1987 No. 284, disallowed on motion by Committee on 24 March 1988.]

24/08/88

387 of 1988

83

General Report. Philosophy, Goals and Role of the Committee. Guidelines on the Application of the Committee’s Principles. A Request for Better Explanatory Statements. Legislation Considered 1986-1987. Issues arising in report – body searches; cabinet secrecy; classification of offenders by age; delegations of ministerial power; detention without judicial authority; grounds for dismissal from office; drafting errors; inadequacy of explanatory statements; federal-state regulatory arrangements; fees and charges; guilt by association; identity cards; immunity from suit; information for Parliament; notification of appeal rights; rights of parents; level of penalties; police interrogation of minors; powers of entry; principle (d); reasonable exercise of powers; reasonableness of charges and fees; reasonableness of penalties; reasons for decisions; religious rights; retrospectivity; review of discretions (including the right to practice a trade, business or profession); sex discrimination; strict liability; sub-delegated instruments; sunset clause; subsidy scheme; tabling and disallowance of instruments; ultra vires; unusual or unexpected use of powers; use of force. Reform of the Legislative Instruments Act. Ministerial undertakings implemented. Ministerial undertakings not yet implemented. Review of ministerial decisions. Legal adviser. Committee staff.
Appendices:
1. Classification of legislative instruments under the heading ‘others’ in paragraph 1.5.
2. Instruments made under Acts and subject to disallowance and disapproval by either House of the Parliament.
3. List of delegated legislation considered in chapter 5.
4. Chairman’s statement to the Senate on the role of the Committee and ministerial undertakings – 17 December 1987.
5. Professor Goldring’s summary of his advice concerning AAT review of ministerial policy decisions.
6. Issues arising in delegated legislation 1986-7
7. Index to Reports 1986-1987 (80th to 82nd Reports)
8. Extract from Senate Standing Order 36A.

18/04/98

377 of 1988

82

The Repeal and Re-enactment Device. Hansard evidence included.

25/11/87

311 of 1987

81

Principle (d) and ACT Laws

04/12/86

434 of 1986

80

General Report. Application of the Committee’s Principles. Reform of the Acts Interpretation Act. Legislation Considered 1985-86. Summary of the Committee’s work. Powers of disallowance. The Committee of its Principles. Issues arising in Report – consent to entry; contempt of court powers; declaration of military practice areas; delegation of powers and discretions; ministerial discretion; double penalty; draft legislation; drafting errors; inadequacy of explanatory statements; ministerial exemption; revival of laws; search warrants; service witnesses; sex discrimination; sexual offences; strict liability; tabling and disallowance; telephone search warrants; ultra vires. Ministerial Undertakings implemented. Undertakings not implemented. Legal Adviser. Review of policy decisions Committee staff.
Appendices:
1. Index to legislation considered in Chapter 4.
2. Issues arising in legislation 1985-86
3. Instruments subject to disallowance or disapproval.
4. Standing Order 36A and sessional amendments
5. Committee membership 1982-1986
6. Procedures of the Committee
7. Index to Reports 1982-1986 (71st to 79th Reports)

14/10/86

241 of 1986

79

Report on the Committee’s scrutiny of certain Health Insurance Regulations disallowed by effluxion of time

17/04/86

170 of 1986

78

Report on the Artificial Conception Ordinance 1986

09/04/86

171 of 1986

77

General Report. Legislation Considered July 1984 – June 1985. Summary of Committee’s work. Principle (d) – Guidelines for the future. Acts Interpretation Act 1901 – retrospectivity and disallowance powers. Business Franchise (Tobacco and Petroleum Products) Ordinance 1984 – forceful entry; review of discretionary decisions. Co-operative Societies (Amendment) Ordinance 1985 – notification of review rights; wide discretions. Credit Ordinance 1985 – matter more appropriate for primary legislation; exemptions; powers of entry and search; signature of documents; drafting matters. Crimes (Amendment) Ordinance (No. 3) 1983 – onus of proof. Crimes Amendment Ordinance 1985 – drafting of service of documents provisions. Extradition (Republic of South Africa) Regulations (Amendment) – definition of extradition offences. Land Rent and Rates (Deferment and Remission) (Amendment) Ordinance (No. 2) 1984 – retrospectivity. National Crime Authority Regulations (Amendment) – substituted service of witness summons. New South Wales Acts Application Ordinance 1984 – powers of entry. Public Trustee Ordinance 1985 – liability for negligence. Supervision of Offenders (Community Service Orders) Ordinance 1985 – genuine conscientious objection. Report on Undertakings implemented by Ministers. Report on Undertakings not yet implemented. Other Recommendations contained in Reports. Retrospectivity in Delegated Legislation. Legal Adviser. Ministers and Officials.
Appendix: List of Instruments Subject to Disallowance.

20/03/86

172 of 1986

76

Report upon a certain Ordinance of the Australian Capital Territory Disallowed by Effluxion of Time – New South Wales Acts Application Ordinance 1985

05/12/85

507 of 1985

75

General Report. Legislation Considered February to June 1984. Summary of Committee’s work. Quarantine (Animals) Regulations (Amendment) – subjection discretion. High Court Directions No. 1 of 1984 – reversal of onus of proof. Workmen’s Compensation (Amendment) Ordinance 1983 – reversal of onus of proof; conclusive certificate. ACT Motor Vehicle Regulations and Ordinances – penalties beyond scope of Act. ACT Dangerous Goods Ordinance 1984 – reversal of onus of proof; explanatory statement. Principle (d) of the Committee’s terms of reference. Retrospectivity. Printing of Consolidated Legislation. Notification of Appeal Rights in Delegated Legislation. Legal Adviser. Ministers and Officials.
Appendices:
1. Report on Undertakings by Ministers to amend or Review Delegated Legislation
2. Recommendations contained on Previous Reports

06/09/84

303 of 1984

Special Report on Certain Regulations and Ordinances – Customs (Prohibited Imports) Regulations (Amendment); Customs (Cinematograph Films) Regulations (Amendment); ACT Classification of Publications Ordinance 1983; Classification of Publications Regulations – restriction on existing power; matter more appropriate for primary legislation.

29/05/84

90 of 1984

74

General Report. Legislation Considered May-December 1983. Matters arising from previous Reports. Committee Procedures – partial disallowance; retrospectivity in Ordinances. Statutory Rules - . Zoning Plan - . ACT Ordinances - . Defence Determinations – retrospectivity. Second Commonwealth Conference of Delegated Legislation Committees, Ottawa, Canada. Legal Adviser. Ministers and Officials.
1. Report on Ministerial Undertakings to Amend or Review Delegated Legislation
2. Recommendations Contained in Previous Reports.

27/03/84

32 of 1984

73

General Report. Legislation Considered March-November 1982. Matters arising from 71st Report – Committee Procedures; use of affirmative resolution procedure; delegated legislation in draft; power to amend; committee’s powers during recess. Defence Force (Reserves) (Financial) Regulations (Amendment) - retrospectivity. Defence Determination No. 59 of 1981 - retrospectivity. High Court of Australia Rule of Court – retrospective increase in interest rate on judgment debts. Conciliation and Arbitration Regulations (Amendment) – matter more appropriate for primary legislation. Postal Services Regulations (Amendment) – persons not informed of destruction of postal article. Quarantine (Cocos Islands) Regulations – power of entry; power to destroy goods. Freedom of Information (Charges) Regulations – determination of charges; subjective discretion. ACT Parole (Amendment) Ordinance 1982 – membership of Parole Board. ACT Building (Amendment) Ordinance (No. 2) 1982 – immunity. ACT Seat of Government (Administration) (Amendment) Ordinance (No. 4) 1982 – wide delegation of power. Plumbers, Drainers and Gasfitters Board Ordinance 1982 – notification of right of appeal. Cocos (Keeling) Islands and Christmas Island Medical Practitioners Ordinances 1982 – rights of existing practitioners. Retrospective regulations. Second Commonwealth Conference on Delegated Legislation Committees. Legal Advisers to Committee. Undertakings to Committee.
Appendices:
1. Report on Undertakings by Ministers to amend or review delegated legislation.
2. Recommendations contained in Reports (other than those for amendment or review of particular regulations or ordinances).

14/12/82

326 of 1982

72

ACT Public Assemblies Ordinance 1982 – consideration of draft Ordinance.

21/04/82

83 of 1982

71

General Report. 50th Anniversary of the Committee. Origins and Functions of the Committee. Committee Procedures. Legislation considered June 1981 – February 1982. Matters Arising from previous Reports. Family Law (Institute of Family Studies) Regulations – reporting requirement. States (Tax Sharing and Health Grants) Regulations – within scope of Act; notification of rights. Tertiary Education Commission Regulations (Amendment) – retrospectivity. Remuneration Tribunals (Miscellaneous Provisions) Regulations (Amendment) – retrospectivity. National Parks and Wildlife Regulations (Amendment) – right of review. Money Lenders (Amendment) Ordinance – retrospectivity; explanatory statement; delay in making Ordinance; legal rights of borrowers. Administrative Decisions (Judicial Review) Regulations – limitation on right to receive reasons for decisions. Explanatory Statements. Uniform Companies Legislation. Undertakings by Ministers. Members of the Committee 1932-1982. List of Reports Nos 1 to 70. Index to First to Seventieth Reports.
Appendices:
1. Instruments made under Acts of the Parliament and subject to disallowance and disapproval by either House of the Parliament.
2. Report on undertakings by Ministers to amend or review delegated legislation.
3. Recommendations contained in Reports (other than those for amendment or review of particular regulations and ordinances).

11/03/82

47 of 1982

70

General Report. Legislation Considered November 1980 to May 1981. Matters arising from previous Report. Audit (Exempt Accounts) Regulations – exemption of accounts from audit. ACT Nature Conservation Ordinance – offences and penalties; powers of entry and search; admissibility of evidence. Customs (Prohibited Imports) Regulations – right of review. Great Barrier Reef Marine Park – Capricornia Section Zoning Plan – right of review. Defence Force Regulations – right of review. ACT traffic (Amendment) Ordinance. ACT Health Commission (Amendment) Ordinance – matters of substantive nature to be reported to Senate. Retrospective legislation. Consideration of draft delegated legislation. Undertakings by Ministers. Retirement of Deputy Chairman.
Appendices:
1. Outstanding undertakings by Ministers
2. List of recommendations contained in Reports.

11/06/81

138 of 1981

69

General Report. Legislation Considered 1980. Australian Federal Police (Discipline) Regulations – rights of members accused of offences. Census Regulations – matters contained in census. Overseas Students Charge Collection Regulations – exemption from charge. Australian Military Regulations – compensation for damage to property. Retrospective legislation. ACT Motor Traffic Ordinance – enforcement of wearing seat belts by children. ACT Court of Petty Sessions Ordinance – appeals by the Crown. ACT Flammable Liquid Ordinance – onus of proof. ACT Consumer Affairs Ordinance – disclosure of information to courts. Christmas Island Census and Statistics Ordinance – powers of entry and search. Form of Summonses. Conference of Delegated Legislation Committees.
Appendices:
1. Outstanding undertakings by Ministers.
2. List of recommendations contained in Reports.

15/09/80

155 of 1980

68

General Report. Powers of the Committee. Statutory provisions for disallowance. Notification of rights and duties. Alteration of entitlements by regulation. Consideration of draft legislation. Evidence Act. Judicial review of administrative acts. Legislation Considered 1979. Ombudsman Regulations – jurisdiction of the Ombudsman. Audit (Exempt Accounts) Regulations – exemption of accounts from audit. Defence Force Financial Regulations – retrospectivity. Primary Industry Licensing Regulations – rights of appeal. Federal Court Rules. ACT Poisons and Narcotic Drugs Ordinance – offences and penalties. ACT Fuels Control Ordinance – powers of entry and search. Norfolk Island Ordinances – review by the Committee; control of delegated legislation. Cocos (Keeling) Islands Immigration Ordinance – right of appeal. Cocos (Keeling) Islands Postal Services Ordinance – control of by-laws. Outstanding Undertakings by Ministers.

19/11/79

282 of 1979

67

Members of the Committee 1932-1979. List of Reports. Index to First to Sixty-sixth Reports.

29/08/79

179 of 1979

66

General Report. Disallowance of repealing instrument. Onus of proof in criminal cases. Legislation Considered 1978-79. Historic Shipwrecks Regulations – 63rd Report. National Health Regulations – rights of appeal. Regulations under the Quarantine Act – powers of officers; rights of appeal. Schools Commission Regulations – payment of allowances; Ministerial discretion. Student Assistance Regulations – rights of applicants for assistance. Dried Fruits Export Control (Licences) Regulations – rights of appeal. Postal By-laws – non-redirectable mail. Telecommunications (General) By-laws – offences; cancellation of services; ACT Child Welfare Ordinance – government control of children; rights of appeal. Outstanding undertakings by Ministers.

08/06/79

116 of 1979

65

Regulations under the Superannuation Act – retrospectivity; amendment of the Act by regulation. Defence Force Financial Regulations – retrospectivity.

01/05/79

69 of 1979

64

Principles of the Committee.

20/03/79

42 of 1979

63

Historic Shipwrecks Regulations – offences. Superannuation (Allocation of Previous Fund) Regulations – rights of contributors. Superannuation (Additional Pension) Regulations – retrospectivity.

24/10/78

275 of 1978

62

Undertakings by Ministers to amend regulations and ordinances. Standing Order 36A: matters referred to the Committee.

28/09/78

203 of 1978

61

General Report. Remuneration Tribunals (Members’ Fees and Allowances) Regulations – remuneration of the tribunals. National Park and Wildlife Regulations – powers of officers. Naval Financial Regulations and Air Force Regulations – administrative discretion. Defence Force (Salaries) Regulations – Sixtieth Report. Federal Court of Australia Regulations – remission of fees. Australian National Railways General By-law – offences; powers and immunities of Commission; onus of proof. ACT Physiotherapists Registration Ordinance – witnesses’ fees.

08/06/78

18 of 1978

60

Defence Force (Salaries) Regulations – remuneration of officers. Hansard evidence included.

13/04/78

17 of 1978

59

Ombudsman Regulations – jurisdiction of the Ombudsman. ACT Consumer Affairs Ordinance – powers of officers; immunity of officers from legal proceedings; self-incrimination of witnesses. ACT Legal Aid Ordinance – payment of costs by Legal Aid Commission. ACT Sale of Motor Vehicles Ordinance – power of Registrar to determine disputes.

04/11/77

233 of 1977

58

Undertakings by Ministers to amend regulations and ordinances

11/10/77

215 of 1977

57

General Report. Family Law Regulations – offences; court orders; sequestration. Defence Force Regulations – delegation of powers. Australian Rifle Club Regulations – exemption from State laws. Air Navigation Regulations – powers of entry and search. Remuneration and Allowances Regulations – remuneration of officers. Telecommunications By-laws – offences. Australian Tourist Commission Regulations – retrospectivity. Conciliation and Arbitration Regulations – powers of returning officers. ACT Surveyors Ordinance – review of charges. ACT Flammable Liquids Ordinance – powers of inspector. ACT Land Rent and Rates (Deferment and Remission) Ordinance – valuation appeals. ACT City Area Leases Ordinance – breaches of leases; offences. Norfolk Island Administration Ordinance – declaration of gaols. Christmas Island Industrial Relations Ordinance – powers of Arbitrator. ACT Remand Centres Ordinance – offences; powers of superintendent. Undertakings by Ministers.

03/12/76

353 of 1976

56

Various retrospective regulations.

02/11/76

277 of 1976

55

ACT ordinances containing substantive legislation.

27/05/76

126 of 1976

54

ACT manufacturers’ Warranties Ordinance – matter more appropriate for parliamentary enactment.

04/05/76

64 of 1976

53

ACT Misrepresentation Ordinance – misrepresentation in contracts; reversal of the onus of proof; matter more appropriate for parliamentary enactment.

04/05/76

63 of 1976

52

Cocos (Keeling) Islands Lands Acquisition Ordinance – power to compulsorily acquire land.

18/03/76

5 of 1976

51

General Report. Postal Services Regulations and Postal By-laws – powers of officers to open mail. Postal By-laws – compensation for lost articles. Telecommunications (General) By-laws – immunity of Commission from legal proceedings. Census Regulations – information required. Apple and Pear (Conditions of Export) Regulations – rights of licensees. Customs (Prohibited Exports) Regulations – export of historical items. Patents Regulations – fees. ACT Motor Traffic Ordinance – reversal of onus of proof. Canberra Hospitals (Charges) Regulations – fees for compensation patients. ACT Liquor Ordinance – rights of licensees. ACT Lake Burley Griffin Ordinance – power to close lake.

04/03/76

4 of 1976

50

General Report. Work Of The Committee. Undertakings Given By Ministers. Papua New Guinea (Staffing Assistance) (Terms And Conditions Of Employment) Regulations – Rights Of Appeal. Papua New Guinea (Staffing Assistance) (Superannuation) Regulations – Benefits Of Officers. Apple And Pear (Conditions Of Export) Regulations – Rights Of Licensees. Conciliation And Arbitration Regulations – Particulars Of Charges. Student Assistance Regulations – Rights Of Appeal. Commonwealth Scholarships And Awards Regulations – Retrospectivity; Scholarships Act. Superannuation (Prescribed Rates of Interest) Regulations – rights of provident fund contributors. Defence Force Financial Regulations – retrospectivity. ACT Pyramid Selling Ordinance – liability of officers of company. ACT Seaweed Protection Ordinance – offences. ACT Motor Traffic Ordinance – exemption of vehicles from Ordinance. ACT Unclaimed Monies Ordinance – delegation of powers. ACT Legislative Assembly (Election) Regulations – registration of political parties. Christmas Island Importation of Dogs and Cats Ordinance – forfeiture and destruction of prohibited imports. Notices of motion for disallowance not disposed of when House of Representatives dissolved. Effect of previous reports. Appendix on the operation of the Committee.

11/12/74

271 of 1974

49

ACT City Area Leases Ordinance – regulation of contracts. Hansard evidence included.

16/08/74

279 of 1974

48

Public Service (Parliamentary Officers) Regulations – benefits for officers; vires.

14/03/74

1 of 1974

47

General Report. Honey Industry (Election of Board) Regulations – powers of returning officers. Naval Reserve Cadets Regulations – discharge of cadets. Matrimonial Causes Rules – disallowance by the Senate. Navigation (Courts of Marine Inquiry) Regulations – alteration of questions before courts. Northern Territory Supreme Court Legal Assistance Rules – report to court by police. Various regulations unde the Customs Act – powers of delegation. Banking (Foreign Exchange) Regulations – power of courts to order forfeiture. Regulations under the Customs Act – administrative discretions. Defence Forces Financial Regulations – retrospectivity. Regulations providing allowances of members of statutory authorities – retrospectivity. ACT Prices Regulation Ordinance – liberty of the subject. ACT Police (Disciplinary Provisions) Ordinance – reappointment of successful appellants. ACT Companies Ordinance – power to exempt companies from Ordinance. ACT Consumer Affairs Ordinance – immunity of officers from legal proceedings. Christmas Island Police Force Ordinance – search warrants. Acceptance of Ministerial undertakings by the Committee.

03/12/73

290 of 1973

46

ACT Landlord and Tenant Ordinance – powers of Rent Controller. Hansard evidence included.

23/10/73

238 of 1973

45

Members of the Committee 1932-1973. List of reports. Index to First to Forty-fourth Reports.

07/07/73

101 of 1973

44

Commonwealth Scholarships and Awards Regulations – delay in drafting the regulations under the Scholarships Act 1969 and consequent failure to proclaim the Act.

22/05/73

40 of 1973

43

General Report. Retrospective scrutiny of regulations and ordinances. Air Force Regulations and Public Service Regulations – administrative discretion relating to pay – Various ACT Ordinances – administrative discretion and liberty of subject. Certain Norfolk Island Ordinances – liberty of the subject. Conciliation and Arbitration Regulations – ministerial discretion relating to legal aid. Native Members of the Forces (Torres Strait Islands) Regulations – administrative discretion relating to allowances. Meat Export Control (Licences) Regulations – information required. Appendix on the operation of the Committee.

27/10/72

220 of 1972

42

Retrospectivity of regulations relating to the Defence Services.

24/10/72

217 of 1972

41

Military Financial Regulations – retrospectivity. Hansard evidence included.

28/09/72

149 of 1972

40

Naval Financial Regulations – administrative discretion, unclear drafting. Hansard evidence included.

31/08/72

126 of 1972

39

Certain regulations rendered invalid by a judgement of the High Court. Committee’s attitude to questions of vires.

23/03/72

24 of 1972

38

General Report. Work of the Committee. Various ACT Ordinances – payment of witnesses. Various Defence Forces Regulations – administrative discretion. National Service Regulations – ministerial discretion relating to court hearings. Public Service Regulations – administrative discretion relating to pay. Repatriation Regulations – discretion of the Repatriation Commissioner. States Receipts Duties Regulations – penalties. Air Navigation Regulations – administrative discretion relating to registration of aircraft. ACT City Area Leases Ordinance – ministerial discretion relating to leases. Exports (Fresh Fruit) Regulations – administrative discretion relating to exports. Effect of previous Reports.

26/08/71

100 of 1971

37

Norfolk Island Ordinances.

26/08/71

143 of 1971

36

ACT Evidence Ordinance – matters more appropriate to substantive legislation.

18/08/81

121 of 1971

35

Dairy Industry Equalization Legislation Referendum Regulations – administrative discretion relating to rejection of votes.

25/02/71

68 of 1971

34

Bankruptcy (Offences) Rules – powers of the court to allow amendment of information; Power of Registrar to issue warrants. Hansard evidence included.

14/10/70

160 of 1970

33

Public Service Regulations – administrative discretion relating to public service positions.

19/08/70

130 of 1970

32

Customs (Prohibited Imports) Regulations – administrative discretion relating to imports of therapeutic substances.

04/06/70

81 of 1970

31

Conciliation and Arbitration Regulations – retrospectivity.

23/04/70

52 of 1970

30

Norfolk Island Health Ordinance – liberty of subject.

21/04/70

50 of 1970

29

Naval Financial Regulations – administrative discretion in relation to allowances and charges. Discretionary powers of administrative bodies. Hansard evidence included.

16/04/70

49 of 1970

28

Index to the First to Twenty-sixth Reports and a reprint of those Reports.

23/09/69

188 of 1969

27

Military Financial, Naval Financial and Air Force Regulations – matters more appropriate for statute.

23/09/69

187 of 1969

26

General Report. Principles and Procedure of the Committee. Various Norfolk Island Ordinances – liberty of the subject. ACT Companies (Life Insurance Holding Companies) Ordinance – defence to prosecutions. ACT Sewerage Rates Ordinance – ministerial discretion regarding levy of rates. Retrospectivity of financial regulations. Effect of some previous reports.

23/09/69

186 of 1969; 188 of 1969

25

Retrospectivity and delay in promulgation of regulations.

28/11/68

243 of 1968; 188 of 1969

24

ACT City Area Leases Ordinance – ministerial discretion relating to leases.

05/10/67

148 of 1967; 188 of 1969

23

ACT Freehold Land (Subdivision and Use) Ordinance – property rights of individuals and ministerial discretion. Hansard evidence included.

05/10/67

147 of 1967; 188 of 1969

22

ACT Advisory Council Ordinance – independence of members from ministerial control.

29/09/96

293 of 1964-65-66; 188 of 1969

21

Air Navigation (Buildings Control) Regulations – property rights of individuals.

22/09/65

293 of 1964-65-66; 188 of 1969

20

Christmas Island Tuberculosis Ordinance – liberty of subject.

22/09/65

223 of 1964-65; 188 of 1969

19

General Report. Customs (Prohibited Imports) Regulations – effect of 18th Report. Broadcasting and Television Regulations – powers of Broadcasting Control Board. Marriage Regulations – power to require information. ACT Dental and Medical Practitioners Registration Regulations – liberty of the subject. ACT Lake Burley Griffin (Temporary Control) Ordinance – ministerial powers. Territory legislation. Retrospectivity of regulations.

21/05/64

S2 of 1964; 188 of 1969

18

Customs (Prohibited Imports) Regulations – ministerial discretion relating to prohibition of imports.

14/11/62

S1 of 1962; 188 of 1969

17

Public Service Regulations – retrospectivity and delay in promulgation.

05/10/61

S1 of 1961; 188 of 1969

16

Public Service Regulations – regulation making power of the statute and amount of expenditure authorised. Canberra Building Regulations – administrative discretion.

11/05/60

S1 of 1960; 188 of 1969

15

The Committee’s powers to report upon the regulation-making power in a Bill. Ordinances of Territories.

22/09/59

S1 of 1959; 188 of 1969

14

Civil Aviation (Carriers’ Liability) Bill 1959 – regulation-making power.

18/03/59

Not printed when tabled;
188 of 1969

13

ACT Meat Ordinance – administrative discretion, control over trade.

31/10/57

S3 of 1957; 188 of 1969

12

Concerns included retrospective authorisation of refunds of public revenue may be more appropriate for primary legislation; long delay in making regulations; enactment of regulations increasing public service salaries before appropriation act passed.

20/05/57

S2 of 1957; 188 of 1969

11

Customs (Import Licensing) Regulations, Statutory Rules 1956 No. 93 – ministerial powers and control over trade – matter more appropriate for primary legislation; deny individuals access to the Courts – committee considered regulations ought to be disallowed – Hansard evidence included in report.

02/05/57

S1 of 1957; 188 of 1969

10

Amendment of the Air Force Regulations, Statutory Rules 1955 No. 92 – power to make deductions from members’ pay – committee moved disallowance on 22 May 1956 – Hansard of evidence included in report.

22/05/56

S1 of 1956; 188 of 1969

9

Concerns included using subordinate legislation to give effect to government policy rather than primary legislation; making of informative statement relating to Acts which confer statutory powers of a legislative character

21/10/54

S1 of 1954-55; 188 of 1969

8

Concerns included using subordinate legislation to give effect to government policy rather than primary legislation – Customs (Import Licensing ) Regulations, Statutory Rules 1939, No. 163

03/06/52

S1 of 1951-52; 188 of 1969

7

Concerns included regulations not tabled within prescribed time, drafting of amending regulations; lack of uniformity in the tabling and disallowance of Ordinances; amendment by regulations more appropriate by primary legislation.

26/10/49

S1 of 1948-49; 188 of 1969

6

Appointment of first Legal Adviser (ex-Senator J.A. Spicer) – 1 January 1945 to 30 April 1946 – reappointed beginning of 18th Parliament.
Concerns raised included a regulation that amended an Act; drafting of regulations that made it difficult to find amendments.

30/04/47

S1 1946-47; 188 of 1969

5

Main concerns in report were the tabling of particulars where minister exercised powers under the Advances to Settlers Regulations; renumbering of regulations made under Ordinances; disallowance period for Ordinances; legislation made under the National Security Act; provision of an independent Legal Adviser; frequency of issue of Manual of National Security Legislation; committee scrutiny of regulations when they are notified in Gazette rather than when they are tabled.

17/09/42

S1 of 1940-42; 188 of 1969

4

General review of Committee’s work since 1932 – Statement that questions involving Government policy in regulations and ordinances fell outside the scope of the Committee. Other concerns raised in report – action that should be have taken by primary rather than subordinate legislation; delay in printing bound volumes of Ordinances.
Effect of the Committee.

23/06/38

S1 of 1937-38; 188 of 1969

3

Dried Fruits Export Control Regulations, Statutory Rules 1935 No. 29 – disallowed on 22 October 1935 with endorsement of committee – regulations contained retrospective provisions.
Main concerns in report retrospective commencement of regulations; reversal of the usual onus of proof, regulations not tabled within prescribed time.

31/10/35

S1 of 1934-35; 188 of 1969

2

Air Force Regulations, Statutory Rules 1933 No. 46) – matter more appropriate for primary legislation.
Waterside Employment Regulations (Statutory Rules 1933 No. 12) – power to declare that a State law shall have no force - matter more appropriate for primary legislation.

08/12/33

S2 of 1932-33; 188 of 1969

1

Regulations under the Customs Act relating to the censorship of cinematograph films (Statutory Rules 1932, No. 24) – matter more appropriate for primary legislation.

18/05/32

S1 of 1932; 188 of 1969

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About this committee

The Senate Standing Committee on Regulations and Ordinances assesses delegated legislation against a set of scrutiny principles that focus on individual rights and liberties and standards of parliamentary propriety.

Committee Secretariat contact:

Committee Secretary
Senate Regulations and Ordinances Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 62773066
Fax: +61 2 62775881
regords.sen@aph.gov.au

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