Parliament of Australia: Senate: Committee: Delegated Legislation Monitor (1999)

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Delegated Legislation Monitor (1999)

Monitor No. 2 1999 (Part A)

DELEGATED LEGISLATION MONITOR

This week there were 113 disallowable instruments of delegated legislation tabled in the Senate, made under 36 separate enabling Acts administered through 13 Departments of State.

Of the 113 instruments, 20 are from the Statutory Rules series of delegated legislation, which are generally superior in drafting, presentation and access to other forms of delegated legislation. This proportion of Statutory Rules in the total number is usual, illustrating the long term trend towards the greater use of instruments in series other than the Statutory Rules. Of the 113 instruments, 30 were made by the Governor-General or Ministers and 83 were made by public officials. Of the 20 sets of Statutory Rules, three were made as principal instruments and 17 as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

8-11 MARCH 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Export Control (Processed Food) Amendment Orders 1999 (No.1)

Export Inspection (Quantity Charge) Amendment Regulations 1999 (No.1)

Fisheries Management Amendment Regulations 1999 (No.1)

Pasture Seed Levy Declaration 1999 (No.1)

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Amendment Regulations 1999 (No.1)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No.1)

ATTORNEY-GENERAL’S DEPARTMENT

Customs Amendment Regulations 1999 (No.1)

Extradition (Republic of Estonia) Regulations 1999

Federal Court Amendment Rules 1999 (No.1)

Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999

Public Interest Determination No.7A under section 72 of the Privacy Act 1988

Public Order (Protection of Persons and Property) Regulations 1999

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.1 of 1999) under subsection 115(2) of the Broadcasting Services Act 1992

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 1999) under subsection 63(5) of the Telecommunications Act 1997

Protection of Movable Cultural Heritage Amendment Regulations 1999 (No.1)

Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No.2 of 1997 Amendment Notice 1998 (No.2)

Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998

Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

Telecommunications Technical Standard (CDMA Customer Equipment - ACA TS 200-1998)

Telecommunications Technical Standard (Customer Equipment and Customer Cabling) – ACA TS 102-1998)

DEPARTMENT OF DEFENCE

Defence (Areas Control) Amendment Regulations 1999 (No.1)

Defence Determination 1999/6

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T25-98 under section 15 of the Higher Education Funding Act 1988

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Wildlife Protection (Regulation of Export and Imports) Amendment Regulations 1999 (No.1)

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Childcare Rebate (Specified Persons) Amendment Determination 1998 (No.1)

Vaccination Schedules Amendment Guidelines (No.1) 1999

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (CSS) Salary Amendment Regulations 1999 (No.1)

DEPARTMENT OF HEALTH AND AGED CARE

Determinations Nos IHS2/1999-IHS3/1999 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Health Insurance (1998-99 General Medical Services Table) Amendment Regulations 1999 (No.1)

Health Insurance (1998-99 General Medical Services Table) Amendment Regulations 1999 (No.2)

Health Insurance (1998-99 Pathology Services Table) Amendment Regulations 1999 (No.1)

Health Insurance Determination HS/1/1999

National Health Amendment Regulations 1999 (No.1)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Attorney-General’s Department Determination 1999/1

Public Service (Australian Agency for International Development) Determination 1999/1

Public Service (Defence) Determination 1999/3

Senior Executive Service Retirement on Benefit Determinations 1999/8-1999/12

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 105 (41)

Civil Aviation Orders, Part 106 (2)

Civil Aviation Orders, Part 107

Exemption No.CASA 04/1999 under regulation 308 of the Civil Aviation Regulations

Exemption Order under section 8G of the Christmas Island Act 1958

Instrument No.CASA 38/99 under regulation 235 of the Civil Aviation Regulations

Instruments Nos CASA 48/99 and CASA 50/99 under regulation 207 of the Civil Aviation Regulations

Marine Orders, Part 26 – Non-GMDSS radio equipment, Issue 4, Marine Orders No.6 of 1999

DEPARTMENT OF THE TREASURY

Application for Approval of RTGS System under section 9 of the Payment Systems and Netting Act 1998

Approval of Form of Identity Card under sections 9C, 34C and 47 of the Insurance (Agents and Brokers) Act 1984

Currency Determination 1999 (No.1)

Financial Sector Reform (Amendments and Transitional Provisions) Amendment Regulations 1999 (No.1)

Income Tax (Farm Management Deposits – Deduction Exemption Certificates) Guidelines 1999

RHQ Company Determination 1999 (No.1)

Superannuation Industry (Supervision) Amendment Regulations 1999 (No.2)

DEPARTMENT OF VETERANS’ AFFAIRS

Revocation and Determination of Statements of Principles under subsection 196B(2) and 196B(3) of the Veterans’ Entitlements Act 1986 (12)

Veterans’ Entitlements Amendment Regulations 1999 (No.1)

DELEGATED LEGISLATION TABLED IN THE SENATE

8-11 MARCH 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Agriculture, Fisheries and Forestry	6
Attorney-General’s	6
Communications, Information Technology and the Arts	8
Defence	2
Education, Training and Youth Affairs	1
Employment, Workplace Relations and Small Business	0
Environment and Heritage	1
Family and Community Services	2
Finance and Administration	1
Foreign Affairs and Trade	0
Health and Aged Care	7
Immigration and Multicultural Affairs	0
Industry, Science and Resources	0
Prime Minister and Cabinet	8
Transport and Regional Services	50
Treasury	8
Veterans’ Affairs	13

Total	113

DELEGATED LEGISLATION TABLED IN THE SENATE

8-11 MARCH 1999

ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE UNDER EACH ACT

Broadcasting Services Act 1992	1
Cattle Transactions Levy Act 1997	1
Child Care Payments Act 1997	1
Childcare Rebate Act 1993	1
Christmas Island Act 1958	1
Civil Aviation Act 1988	48
Currency Act 1965	1
Customs Act 1901	1
Defence Act 1903	2
Export Control Act 1982	1
Export Inspection (Quantity Charge) Act 1985	1
Extradition Act 1988	1
Federal Court of Australia Act 1976	1
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998	1
Fisheries Management Act 1991	1
Health Insurance Act 1973	4
Higher Education Funding Act 1988	1
Income Tax Assessment Act 1936	2
Insurance (Agents and Brokers) Act 1984	1
Live-stock Transactions Levy Act 1997	1
Mutual Assistance in Criminal Matters Act 1987	1
National Health Act 1953	3
National Residue Survey (Excise) Levy Act 1998	1
Navigation Act 1912	1
Pasture Seed Levy Act 1989	1
Payment Systems and Netting Act 1998	2
Primary Industries Levies and Charges Collection Act 1991	2
Privacy Act 1988	1
Protection of Movable Cultural Heritage Act 1986	1
Public Order (Protection of Persons and Property) Act 1971	1
Public Service Act 1922	8
Superannuation Act 1976	1
Superannuation Industry (Supervision) Act 1993	1
Telecommunications Act 1997	6
Veterans’ Entitlements Act 1986	13
Wildlife Protection (Regulation of Exports and Imports) Act 1982	1

Total	116

(Some instruments are made under more than one enabling Act. The number of instruments listed under enabling Acts is, therefore, greater than the number of instruments.)

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Export Control (Processed Food) Amendment Orders 1999 (No.1)
*Export Control Act 1982*
Made	18/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amend inspection options available to occupiers of export registered dairy and fish processing establishments.

Export Inspection (Quantity Charge) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.21
*Export Inspection (Quantity Charge) Act 1985*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provide for a fee to be charged for exported containerised grain.

Fisheries Management Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.22
*Fisheries Management Act 1991*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Set out new by-catch restrictions.

Pasture Seed Levy Declaration 1999 (No.1) under s.9(1) of the *Pasture Seed Levy Act 1989*
*Pasture Seed Levy Act 1989*
Made	25/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Varies the levy for pasture seeds.

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.23
Cattle Transactions Levy Act 1997 Live-stock Transactions Levy Act 1997 Primary Industries Levies and Charges Collection Act 1991
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Exempt the payment of transaction levies on the slaughter of cattle, sheep and goats.

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.24
National Residue Survey (Excise) Levy Act 1998 Primary Industries Levies and Charges Collection Act 1991
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Exempt the payment of transaction levies on the slaughter of cattle, sheep and goats.

ATTORNEY-GENERAL’S DEPARTMENT

Customs Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.35
*Customs Act 1988*
Made	8/03/99
Tabled	10/03/99 S		10/03/99 HR
Summary		Provide for customs duty on the importation of cigarettes from Norfolk Island.

Extradition (Republic of Estonia) Regulations 1999 Statutory Rules 1999 No.32
*Extradition Act 1988*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provide that the Republic of Estonia is an extradition country for the purposes of the Act.

Federal Court Amendment Rules 1999 (No.1) Statutory Rules 1999 No.15
*Federal Court of Australia Act 1976*
Made	5/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amend the rules in relation to proceedings in bankruptcy.

Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999 Statutory Rules 1999 No.33
*Mutual Assistance in Criminal Matters Act 1987*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Applies the Act to Hong Kong.

Public Interest Determination No.7A under s.72 of the *Privacy Act 1988*
*Privacy Act 1988*
Made	7/01/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for limits on the circumstances in which personal information can be disclosed.

Public Order (Protection of Persons and Property) Regulations 1999 Statutory Rules 1999 No.26
*Public Order (Protection of Persons and Property) Act 1971*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Prescribe certain courts for the purposes of the Act.

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.1 of 1999) under s.115(2) of the *Broadcasting Services Act 1992*
*Broadcasting Services Act 1992*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amends the list of events broadcast free to air.

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 1999) under s.63(5) of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	16/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the availability of analogue AMPS services in regional areas until alternative mobile services are available.

Protection of Movable Cultural Heritage Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.25
*Protection of Movable Cultural Heritage Act 1986*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provide for the protection of Objects of Applied Science and Technology.

Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No.2 of 1997 Amendment Notice 1998 (No.2) under s.407 of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	10/12/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Specifies labelling and compliance requirements for customer equipment and cabling.

Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 under s.349(1) of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	21/12/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for customers to choose a preferred carriage service provider.

Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998 under s.349(2) of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	21/12/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for customers to choose a preferred carriage service provider.

Telecommunications Technical Standard (CDMA Customer Equipment - ACA TS 200-1998) under s.376(1) of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	10/12/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the health and safety of persons likely to be affected by CDMA customer equipment.

Telecommunications Technical Standard (Customer Equipment and Customer Cabling) – ACA TS 102-1998 under s.376(1) of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	10/12/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides technical standards for customer equipment and cabling.

DEPARTMENT OF DEFENCE

Defence (Areas of Control) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.27
*Defence Act 1903*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Establish the same range of height restrictions at the Army Aviation Centre at Oakey as at other prescribed airfields.

Defence Determination 1999/6
*Defence Act 1903*
Made	12/02/99
Tabled	8/03/99 S		18/02/99 HR
Summary		Amend conditions of service for members of the ADF who serve with United Nations forces.

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T25-98 under s.15 of the *Higher Education Funding Act 1988*
*Higher Education Funding Act 1988*
Made	3/03/99
Tabled	9/03/99 S		8/03/99 HR
Summary		Adjusts the 1998 operating grant for Domestic Fee Paying Undergraduate and Postgraduate Load.

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Wildlife Protection (Regulation of Exports and Imports) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.28
*Wildlife Protection (Regulation of Exports and Imports) Act 1982*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Introduce new fees for the export of kangaroo products and personal tourist items.

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Childcare Rebate (Specified Persons) Amendment Determination 1998 (No.1) under s.29(1A) of the *Childcare Rebate Act 1993*
*Childcare Rebate Act 1993*
Made	28/11/98
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for parents who were laid off from work because of the gas crisis in Victoria to lose eligibility for the Childcare Rebate.

*Vaccination Schedules Amendment Guidelines (No.1) 1999 under s.18(1) of the Child Care Payments Act 1997***
*Child Care Payments Act 1997*
Made	11/01/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for compliance with the Vaccination Schedules Guidelines.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (CSS) Salary Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.29
*Superannuation Act 1976*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provide for flexibility in setting the annual rate of salary for CSS purposes.

DEPARTMENT OF HEALTH AND AGED CARE

Determination No.IHS2/1999 under paragraph (bj) of Schedule 1 of the *National Health Act 1953*
*National Health Act 1953*
Made	18/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amends the level of benefit payable for categories of day only treatment.

Determination No.IHS3/1999 under paragraph (bj) of Schedule 1 of the *National Health Act 1953*
*National Health Act 1953*
Made	18/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amends the level of benefit payable for categories of overnight hospital treatment.

Health Insurance (1998-99 General Medical Services Table) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.16
*Health Insurance Act 1973*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amend the table of general medical services.

Health Insurance (1998-99 General Medical Services Table) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.17
*Health Insurance Act 1973*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amend the table of general medical services.

Health Insurance (1998-99 Pathology Services Table) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.19
*Health Insurance Act 1973*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amend the table of pathology services.

Health Insurance Determination HS/1/1999 under s.3C(1) of the *Health Insurance Act 1973*
*Health Insurance Act 1973*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides medicare benefits for investigation of sleep apnoea.

National Health Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.18
*National Health Act 1953*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Extend the Domiciliary Palliative Care program for a further 12 months.

DEPARTMENT OF THE PRIME MINISTER AND CABINET

(Although under the Administrative Arrangements Order the Public Service Act 1922 is administered by the Prime Minister, some Public Service Determinations are made by officers of other agencies under subdelegation authorised by that Act. Any such Determinations are noted by an asterisk.

Attorney-General’s Department Determination 1999/1*
*Public Service Act 1922*
Made	4/03/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amends the rates of travelling allowance.

Public Service (Australian Agency for International Development) Determination 1999/1*
*Public Service Act 1922*
Made	18/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Prescribes the terms and conditions of employment for staff members of the Department performing duty overseas.

Public Service (Defence) Determination 1999/3*
*Public Service Act 1922*
Made	1/03/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Amends the rates of meal allowance and travelling allowance.

Senior Executive Service Retirement on Benefit Determination 1999/8
*Public Service Act 1922*
Made	4/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/9
*Public Service Act 1922*
Made	4/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/10
*Public Service Act 1922*
Made	10/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/11
*Public Service Act 1922*
Made	19/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/12
*Public Service Act 1922*
Made	23/02/99
Tabled	8/03/99 S		8/03/99 HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Table of Contents

Monitor No. 2 1999 (Part B)