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

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Delegated Legislation Monitor (1999)

Monitor No. 12 1999

DELEGATED LEGISLATION MONITOR

This week there were 56 disallowable instruments of delegated legislation tabled in the Senate, made under 10 separate enabling Acts administered through nine Departments of State.

Of the 56 instruments, six 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 56 instruments, 11 were made by the Governor-General or Ministers and 45 were made by public officials. Of the six sets of Statutory Rules all were made as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

23-26 AUGUST 1999

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.2)

Customs (Prohibited Imports) Amendment Regulations 1999 (No.1)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.2

of 1999) under subsection 115(2) of the Broadcasting Services Act 1992

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Guidelines No.12 of 1999 under subsection 35(7)(b) of the Higher

Education Funding Act 1988

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination Nos 11 and 12 of 1999

DEPARTMENT OF HEALTH AND AGED CARE

Guidelines under section 82ZRB of the National Health Act 1953

National Health Amendment Regulations 1999 (No.3)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Petroleum Retail Marketing Sites Amendment Regulations 1999 (No.2)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Locally Engaged Staff Determinations 1999/18-1999/20

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Casino Operation Agreement Form approved under section 62(2) of the Casino Control Ordinance 1988

Civil Aviation Amendment Regulations 1999 (No.1)

Civil Aviation Amendment Regulations 1999 (No.2)

Civil Aviation Orders, Part 82

Civil Aviation Orders, Part 105 (38)

DEPARTMENT OF THE TREASURY

Currency Amendment Determination 1999 (No.1)

Currency Determination 1999 (No.2)

DELEGATED LEGISLATION TABLED IN THE SENATE

23-26 AUGUST 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	0
Attorney-General’s	2
Communications, Information Technology and the Arts	1
Defence	0
Education, Training and Youth Affairs	1
Employment, Workplace Relations and Small Business	0
Environment and Heritage	0
Family and Community Services	0
Finance and Administration	2
Foreign Affairs and Trade	0
Health and Aged Care	2
Immigration and Multicultural Affairs	0
Industry, Science and Resources	1
Prime Minister and Cabinet	3
Transport and Regional Services	42
Treasury	2
Veterans’ Affairs	0

Total	56

DELEGATED LEGISLATION TABLED IN THE SENATE

23-26 AUGUST 1999

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

Broadcasting Services Act 1992	1
Christmas Island Act 1958	1
Civil Aviation Act 1988	41
Currency Act 1965	2
Customs Act 1901	2
Higher Education Funding Act 1988	1
National Health Act 1953	2
Petroleum Retail Marketing Sites Act 1980	1
Public Service Act 1922	3
Remuneration Tribunal Act 1973	2
Total	56

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.164
*Customs Act 1901*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Impose sanctions against UNITA (Angola), in accordance with United Nations Security Council Resolution 1173 (1998) and relax sanctions against Sierra Leone in accordance with United Nations Security Council Resolution 1173 (1998).

Customs (Prohibited Imports) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.165
*Customs Act 1901*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Impose sanctions against UNITA (Angola), in accordance with United Nations Security Council Resolution 1173 (1998).

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.2 of 1999) under s.115(2) of the *Broadcasting Services Act 1992*
*Broadcasting Services Act 1992*
Made	26/07/99
Tabled	25/08/99 S		24/08/99 HR
Summary		Permits pay TV licensees to acquire exclusive broadcast rights to cricket matches to be played in Sri Lanka in September and October 1999 and Zimbabwe in October 1999.

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Guidelines No.12 of 1999 under subsection 35(7)(b) of the *Higher Education Funding Act 1988*
*Higher Education Funding Act 1988*
Made	5/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Provide the basis on which students holding an Australian Postgraduate Award or an Australian Postgraduate Award (Industry) may seek an award from their tertiary education institution, exempting them from the Higher Education Contribution Scheme.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination No.11 of 1999
*Remuneration Tribunal Act 1973*
Made	30/06/99
Tabled	24/08/99 S		23/08/99 HR
Summary		Provides for the remuneration and other related matters for the Chairperson, Deputy Chairperson and Member of the Australian Securities and Investment Commission.

Remuneration Tribunal Determination No.12 of 1999
*Remuneration Tribunal Act 1973*
Made	9/08/99
Tabled	24/08/99 S		23/08/99 HR
Summary		Sets the rates of salary and allowances to be paid to various full and part-time holders of public office.

DEPARTMENT OF HEALTH AND AGED CARE

Guidelines under s.82ZRB of the *National Health Act 1953*
*National Health Act 1953*
Made	16/08/99
Tabled	25/08/99 S		24/08/99 HR
Summary		Provides for the appointment, terms and conditions of office, and period of appointment of the Private Health Insurance Ombudsman.

National Health Amendment Regulations 1999 (No.3) Statutory Rules 1999 No.162
*National Health Act 1953*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Exclude Overseas Student Health Cover policies offered by registered health benefits organisations by agreement with the Commonwealth.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Petroleum Retail Marketing Sites Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.163
*Petroleum Retail Marketing Sites Act 1980*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Permit a temporary increase in the allocation of retail petroleum marketing sites to BP Australia Ltd from 102 to 212 sites, for the period from 1 June 1999 to 30 September 1999.

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 Determinations under the Act are made by officers of other agencies under subdelegation authorised by the Act. Any such Determinations are noted by an asterisk.)

Locally Engaged Staff Determination 1999/18*
*Public Service Act 1922*
Made	27/07/99
Tabled	25/08/99 S		24/08/99 HR
Summary		Provides additional criteria for termination payments for staff locally engaged by the Australian mission in Austria who resign to care for new-born children.

Locally Engaged Staff Determination 1999/19*
*Public Service Act 1922*
Made	12/07/99
Tabled	25/08/99 S		24/08/99 HR
Summary		Provides that the cost of contributions to the AXA Vista Medical Scheme will be an official charge for staff locally engaged by the Australian High Commission in Singapore.

Locally Engaged Staff Determination 1999/20*
*Public Service Act 1922*
Made	20/08/99
Tabled	25/08/99 S		24/08/99 HR
Summary		Provides for the payment of two longevity increments payable to staff locally engaged by the Australian mission in Jordan, who have reached the top of their incremental scale.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Casino Operation Agreement Form approved under s.62(2) of the Casino Control Ordinance 1988
*Christmas Island Act 1958*
Made	18/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Approves the form to be used by a person applying for approval of a Casino Operation Agreement.

Civil Aviation Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.166
*Civil Aviation Act 1988*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Make relatively minor changes to both the Civil Aviation Regulations 1988 and the Civil Aviation Regulations 1998, of an essentially administrative nature.

Civil Aviation Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.167
*Civil Aviation Act 1988*
Made	9/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Provide for a new flight manual management system.

Civil Aviation Orders, Part 82
*Civil Aviation Act 1988*
Made	12/08/99
Tabled	24/08/99 S		23/08/99 HR
Summary		Imposes a condition on all charter Air Operator’s Certificates relating to the carriage of fare-paying passengers, to ensure that flights to and from Norfolk Island, Lord Howe Island, Christmas Island and the Cocos (Keeling) Islands carry sufficient fuel to be able to land at an appropriate alternative aerodrome.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/A320/92 Amdt 1
*Civil Aviation Act 1988*
Made	29/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/A320/102
*Civil Aviation Act 1988*
Made	29/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/22 Amdt 1
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/57 Amdt 2
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/69 Amdt 2
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/141
*Civil Aviation Act 1988*
Made	26/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/142
*Civil Aviation Act 1988*
Made	29/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AMD 10/21
*Civil Aviation Act 1988*
Made	28/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AMD 20/27
*Civil Aviation Act 1988*
Made	28/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AMD 50/14 Amdt 1
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AMD 50/16
*Civil Aviation Act 1988*
Made	28/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B747/210
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BEECH 90/95
*Civil Aviation Act 1988*
Made	12/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BEECH 200/63
*Civil Aviation Act 1988*
Made	12/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 222/23
*Civil Aviation Act 1988*
Made	6/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/9
*Civil Aviation Act 1988*
Made	26/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/1 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/2 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/3 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/4 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/5 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/6 Amdt 2
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CERES/7 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/CT4/1
*Civil Aviation Act 1988*
Made	2/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/DC-9/113 Amdt 1
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/DC-9/114
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/DHC-8/63
*Civil Aviation Act 1988*
Made	15/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PA-23/87
*Civil Aviation Act 1988*
Made	27/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PA-24/45
*Civil Aviation Act 1988*
Made	27/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PA-28/95
*Civil Aviation Act 1988*
Made	27/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PA-32/82
*Civil Aviation Act 1988*
Made	27/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PA-34/49
*Civil Aviation Act 1988*
Made	27/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PC-12/19
*Civil Aviation Act 1988*
Made	19/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/R44/12
*Civil Aviation Act 1988*
Made	19/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/SF340/71
*Civil Aviation Act 1988*
Made	29/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/SC7/26 Amdt 2
*Civil Aviation Act 1988*
Made	30/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/TB 200/1
*Civil Aviation Act 1988*
Made	12/07/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/WINJEEL/1 Amdt 1
*Civil Aviation Act 1988*
Made	4/08/99
Tabled	23/08/99 S		23/08/99 HR
Summary		Varies the technical requirements for a particular type of aircraft.

DEPARTMENT OF THE TREASURY

Currency Amendment Determination 1999 (No.1) under s.13A(1) of the *Currency Act 1965*
*Currency Act 1965*
Made	11/0/8/99
Tabled	25/08/99 S		25/08/99 HR
Summary		Specifies the design and characteristics of various coins made of gold, silver and platinum, ranging in denomination from 50 cents to $3,000.

Currency Determination 1999 (No.2) under s.13A(1) of the *Currency Act 1965*
*Currency Act 1965*
Made	11/08/99
Tabled	25/08/99 S		25/08/99 HR
Summary		Makes a minor change to the design of a coin specified in Currency Determination No.1 of 1999.