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

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Delegated Legislation Monitor (1999)

Monitor No. 15 1999

DELEGATED LEGISLATION MONITOR

This week there were 41 disallowable instruments of delegated legislation tabled in the Senate, made under 18 separate enabling Acts administered through ten Departments of State.

Of the 41 instruments, five 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 41 instruments, 13 were made by the Governor-General or Ministers and 28 were made by public officials. Of the five sets of Statutory Rules all were made as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 SEPTEMBER 1999

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.4)

Customs (Prohibited Imports) Amendment Regulations 1999 (No.4)

Defence (Visiting Forces) Amendment Regulations 1999 (No.1)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Spectrum Re-allocation Declaration 1999 (No.2)

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 1999

DEPARTMENT OF DEFENCE

Defence Determinations 1999/35-1999/39

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99ESP06) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (99ESP07) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (99ESP09) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (99ESP010) under subsection 18(1) of the Endangered Species Protection Act 1992

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Amendment Determination 1999 (No.1)

DEPARTMENT OF HEALTH AND AGED CARE

Commission’s Additional Functions (Disclosure of Childcare Rebate information) Determination

Determination Nos IHS14/1999-IHS15/1999 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.3)

Residential Care Subsidy Amendment Principles 1999 (No.1)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Immigration Amendment Regulations 1999 (No.11)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Australian Agency for International Development Determination 1999/3

Foreign Affairs and Trade Determinations 1999/11, and 1999/13-1999/17

Public Service (Defence) Determination 1999/6

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Electricity Fees Determination No.1 of 1999

Electricity Fees/Tariffs Determination under sections 3, 4 and 5 of the Utilities and Services Ordinance 1996

Exemption Nos CASA 30/1999-CASA 34/1999 under regulation 208 of the Civil Aviation Regulations

First Amending Agreement under section 67AZR of the Australian National Railways Commission Act 1983

List if Acts of the Western Australian Parliament under section 8B of the Christmas Island Act 1958

List if Acts of the Western Australian Parliament under section 8B of the Cocos (Keeling) Islands Act 1955

Water Consumption Fees Determination under sections 3, 4 and 5 of the Utilities and Services Ordinance 1996

DEPARTMENT OF THE TREASURY

Variation of Instrument Fixing Charges to be Paid to APRA under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 SEPTEMBER 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	0
Attorney-General’s	3
Communications, Information Technology and the Arts	2
Defence	5
Education, Training and Youth Affairs	0
Employment, Workplace Relations and Small Business	0
Environment and Heritage	4
Family and Community Services	1
Finance and Administration	0
Foreign Affairs and Trade	0
Health and Aged Care	5
Immigration and Multicultural Affairs	1
Industry, Science and Resources	0
Prime Minister and Cabinet	8
Transport and Regional Services	11
Treasury	1
Veterans’ Affairs	0

Total	41

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 SEPTEMBER 1999

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

Aged Care Act 1997	1
Australian National Railways Commission Act 1983	1
Australian Prudential Regulation Authority Act 1998	1
Christmas Island Act 1958	2
Civil Aviation Act 1988	5
Cocos (Keeling) Islands Act 1955	3
Customs Act 1901	2
Defence Act 1903	5
Defence (Visiting Forces) Act 1963	1
Endangered Species Protection Act 1992	4
Health Insurance Act 1973	1
Health Insurance Commission Act 1973	1
Migration Act 1958	1
National Health Act 1953	2
Public Service Act 1922	8
Radiocommunications Act 1992	1
Social Security Act 1991	1
Telecommunications Act 1997	1

Total	41

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.216
*Customs Act 1901*
Made	17/09/99
Tabled	27/09/99 S		23/09/99 HR
Summary		Allow the countries participating in the multinational force set up under Security Council Resolution 1264 (1999) to export weapons and associated items from Australia.

Customs (Prohibited Imports) Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.217
*Customs Act 1901*
Made	17/09/99
Tabled	27/09/99 S		23/09/99 HR
Summary		Allow the countries participating in the multinational force set up under Security Council Resolution 1264 (1999) to import weapons and associated items into Australia.

Defence (Visiting Forces) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.218
*Defence (Visiting Forces) Act 1963*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Ensure that the enabling Act will apply to the Defence Forces of those countries which may or will be taking part in the multinational peace-keeping force in East Timor.

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Spectrum Re-allocation Declaration 1999 (No.2) under s.153B(1) of the *Radiocommunications Act 1992*
*Radiocommunications Act 1992*
Made	27/09/99
Tabled	28/09/99 S		28/09/99 HR
Summary		Reallocates that part of the radio frequency spectrum available to provide personal communications services.

Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 1999 (No.1) under s.407 of the *Telecommunications Act 1997*
*Telecommunications Act 1997*
Made	19/08/99
Tabled	28/09/99 S		23/09/99 HR
Summary		Gives effect to an additional arrangement for compliance of certain mobile telephone handsets.

DEPARTMENT OF DEFENCE

Defence Determination 1999/35
*Defence Act 1903*
Made	15/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises a completion bonus for certain sailors in the Submarine Arm of the Navy.

Defence Determination 1999/36
*Defence Act 1903*
Made	16/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises a new allowance for medical officers in the Reserve Forces.

Defence Determination 1999/37
*Defence Act 1903*
Made	21/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises payment of a Deployment Allowance to members of the Defence Force who are assigned for duty with a United Nations mission or similar force.

Defence Determination 1999/38
*Defence Act 1903*
Made	21/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises payment of a supplementary East Timor Peace Enforcement Allowance to members of the Defence Force who have been deployed for service in East Timor.

Defence Determination 1999/39
*Defence Act 1903*
Made	21/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises increases in the rates of Meal Allowance.

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99ESP06) under s.18(1) of the *Endangered Species Protection Act 1992*
*Endangered Species Protection Act 1992*
Made	22/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Adds the Christmas Island Goshawk to Part 1 of Schedule 1 to that Act, and the Boullanger Island Dunnart to Part 2 thereof.

Declaration (99ESP07) under s.18(1) of the *Endangered Species Protection Act 1992*
*Endangered Species Protection Act 1992*
Made	22/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Adds the Buloke Woodlands of the Riverina and Murray-Darling Depression to Schedule 2 to that Act.

Declaration (99ESP09) under s.18(1) of the *Endangered Species Protection Act 1992*
*Endangered Species Protection Act 1992*
Made	22/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Adds the Semi-evergreen Vine Thickets of the Brigalow Belt South Bioregion to Schedule 2 to that Act.

Declaration (99ESP010) under s.18(1) of the *Endangered Species Protection Act 1992*
*Endangered Species Protection Act 1992*
Made	22/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Adds the Grassy White Box Woodlands to Schedule 2 to that Act.

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Amendment Determination 1999 (No.1) under s.9A(6) of the *Social Security Act 1991*
*Social Security Act 1991*
Made	1/09/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Specifies the matters to which the Secretary of the Department of Family and Community Services must have regard in considering whether the income stream arising from a public sector fund or a public sector superannuation scheme or a private sector fund is exempt from the asset test imposed by that Act.

DEPARTMENT OF HEALTH AND AGED CARE

Commission’s Additional Functions (Disclosure of Childcare Rebate Information) Determination (HICA 8AA(4)/1/1999) under s.8AA(4) of the *Health Insurance Commission Act 1973*
*Health Insurance Commission Act 1973*
Made	9/09/99
Tabled	29/09/99 S		28/09/99 HR
Summary		Declares that it is a function of the Health Insurance Commission to disclose information that it collects under the Childcare Rebate Act 1993 to Centrelink so that the latter office can prepare a mail out of Family Assistance Office information.

Determination No.IHS14/1999 under paragraph (bj) of Schedule 1 of the *National Health Act 1953*
*National Health Act 1953*
Made	19/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Allows for an increase in the benefits payable for overnight accommodation to the Nursing Home Type Patients in public hospitals.

Determination No.IHS15/1999 under paragraph (bj) of Schedule 1 of the *National Health Act 1953*
*National Health Act 1953*
Made	23/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Allows for an increase in the benefits payable for overnight accommodation to the Nursing Home Type Patients in public hospitals in Western Australia.

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.3) Statutory Rules 1999 No.219
*Health Insurance Act 1973*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Require a statutory declaration in respect of Magnetic Resonance Imaging equipment for which it is intended to claim Medicare benefits to be provided to the Health Insurance Commission by 11 October 1999.

Residential Care Subsidy Amendment Principles 1999 (No.1) under subsection 96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	27/09/99
Tabled	27/09/99 S		28/09/99 HR
Summary		Limits the class of persons to whom the word "homeowner" in sections 44-7 and 44-8 of the enabling Act applies.

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1999 (No.11) Statutory Rules 1999 No.220
*Migration Act 1958*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Make a variety of amendments to the Principal Regulations.

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.)

Australian Agency for International Development Determination 1999/3 *
*Public Service Act 1922*
Made	24/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Makes a temporary increase in the Difficult Post Allowance for officers of the Agency on long-term posting to Indonesia (except Dili).

Foreign Affairs and Trade Determination 1999/11 *
*Public Service Act 1922*
Made	24/09/99
Tabled	30/09/99 S		29/09/99 HR
Summary		Makes a temporary increase in the Difficult Post Allowance for officers of the Department of Foreign Affairs and trade on long-term posting to Indonesia (except Dili and Bali).

Foreign Affairs and Trade Determination 1999/13 *
*Public Service Act 1922*
Made	9/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Amends the rates of Overseas Living Allowance and supplementary allowances for eligible officers of the Department of Foreign Affairs and Trade in various localities.

Foreign Affairs and Trade Determination 1999/14 *
*Public Service Act 1922*
Made	9/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Amends the rates of Overseas Living Allowance and supplementary allowances for eligible officers of the Department of Foreign Affairs and Trade in various localities.

Foreign Affairs and Trade Determination 1999/15 *
*Public Service Act 1922*
Made	20/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Authorises the payment of a special allowance, and a new rate of Difficult Post Allowance, for staff at the Australian Consulate at Dili.

Foreign Affairs and Trade Determination 1999/16 *
*Public Service Act 1922*
Made	24/09/99
Tabled	30/09/99 S		29/09/99 HR
Summary		Reduces the Difficult Post Allowance for officers of the Department of Foreign Affairs and Trade on long-term positing to Lebanon and Vietnam, and provides staff in Malaysia with an assisted leave fare to Australia, rather than to Singapore.

Foreign Affairs and Trade Determination 1999/17 *
*Public Service Act 1922*
Made	27/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Corrects an unintended effect of an amendment made by Foreign Affairs and Trade Determination 1999/8.

Public Service (Defence) Determination 1999/6 *
*Public Service Act 1922*
Made	28/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Authorises a supplementary East Timor Allowance for officers of the Department of Defence performing duty in support of the International Force in East Timor.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Electricity Fees Determination No.1 of 1999 under s.4 of the Utilities and Services Ordinance 1996
*Christmas Island Act 1958*
Made	22/9/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Establishes various fees and charges for electricity in that Territory.

Electricity Fees/Tariffs Determination under ss.3, 4 and 5 of the *Cocos (Keeling) Islands Act 1955*
*Cocos (Keeling) Islands Act 1955*
Made	20/09/99
Tabled	29/09/99 S		28/09/99 HR
Summary		Establishes various fees and tariffs for electricity in that Territory.

Exemption No.CASA 30/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	21/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Exempts a Shadow Hunter AR Mk 3 pilotless aircraft from compliance with most of the provisions of those regulations while it is being flown for the purpose of aerial surveying by, or on behalf of, Stewart Topping.

Exemption No.CASA 31/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Exempts aircraft VH-MRS from compliance with subregulation 16(6) of those regulations relating to the size and placement of nationality and registration marks.

Exemption No.CASA 32/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Exempts aircraft VH-NLR from compliance with subregulation 16(6) of those regulations relating to the size and placement of nationality and registration marks.

Exemption No.CASA 33/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Exempts aircraft VH-CCO from compliance with subregulation 16(6) of those regulations relating to the size and placement of nationality and registration marks.

Exemption No.CASA 34/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	22/09/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Exempts aircraft VH-CHN from compliance with subregulation 16(6) of those regulations relating to the size and placement of nationality and registration marks.

First Amending Agreement under s.67AZR of the *Australian National Railways Commission Act 1983*
*Australian National Railways Commission Act 1983*
Made	21/09/99
Tabled	28/09/99 S		27/09/99 HR
Summary		Makes such changes as are necessary to allow for the winding up of the Australian National Railways Commission and the repeal of the Australian National Railways Commission Act 1983.

List of Acts of the Western Australian Parliament under s.9B of the *Christmas Island Act 1958*
*Christmas Island Act 1958*
Made	24/09/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Lists Western Australian Acts applying to the Territory of Christmas Island.

List of Acts of the Western Australian Parliament under s.9B of the *Cocos (Keeling) Islands Act 1955*
*Cocos (Keeling) Islands Act 1955*
Made	24/09/99
Tabled	30/09/99 S		30/09/99 HR
Summary		Lists Western Australian Acts applying to the Territory of Cocos (Keeling) Islands.

Water Consumption Fees Determination under ss.3, 4 and 5 of the *Cocos (Keeling) Islands Act 1955*
*Cocos (Keeling) Islands Act 1955*
Made	20/09/99
Tabled	29/09/99 S		28/09/99 HR
Summary		Introduces various fees for water consumption in that Territory.

DEPARTMENT OF THE TREASURY

Variation of Instrument Fixing Charges to be Paid to APRA under paragraph 51(1)(a) of the *Australian Prudential Regulation Authority Act 1998*
*Australian Prudential Regulation Authority Act 1998*
Made	19/08/99
Tabled	27/09/99 S		27/09/99 HR
Summary		Increases the maximum fee for Actuarial Consulting and the charge for the Australian Life Tables.