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

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Delegated Legislation Monitor (1999)

Monitor No. 20 1999 (Part A)

DELEGATED LEGISLATION MONITOR

This week at a glance

There were 82 disallowable instruments tabled in the Parliament.

These were made under 28 separate enabling Acts, through 12 Departments of State.

Statutory Rules

17 of the 82 instruments were Statutory Rules, comprising

1 made as a primary instrument; and

16 made as amending instruments

Instrument makers

23 instruments were made by the Governor-General or Ministers

59 instruments were made by Public Officials

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

6-9 DECEMBER 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.LC1/99)

Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999

Export Control (Hardwood Wood Chips) Amendment Regulations 1999 (No.2)

Fisheries Management Amendment Regulations 1999 (No.4)

Imported Food Control Amendment Regulations 1999 (No.1)

Quarantine Determination No.3 of 1999 under section 86E of the Quarantine Act 1908

ATTORNEY-GENERAL’S DEPARTMENT

Extradition (Bribery of Foreign Public Officials) Regulations 1999

Family Law (Hague Convention on Intercountry Adoption) Amendment Regulations 1999 (No.1)

Federal Court Amendment Rules 1999 (No.6)

Federal Court Amendment Rules 1999 (No.7)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.3 of 1999)

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

(Amendment No.2 of 1999) under subsection 63(5) of the Telecommunications Act 1997

Determination under paragraph 15(1)(b) No.2 of 1999

Restricted Access Systems Declaration 1999 (No.1)

DEPARTMENT OF DEFENCE

Defence Determination 1999/50-1999/55

Naval Forces Amendment Regulations 1999 (No.1)

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.1999/2 – Determination of Education Institutions and Courses

under subsections 3(1) and 5D(1) of the Student Assistance Act 1973

Determination No.T17-99 under section 20A of the Higher Education Funding Act 1988

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99/ESP011) under subsection 18(1) of the Endangered Species Protection Act 1992

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Child Support (Assessment) Amendment Regulations 1999 (No.3)

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination Nos 13, 14 and 15 of 1999

Superannuation (CSS) Eligible Employees Amendment Regulations 1999 (No.1)

Thirteenth Amending Deed to the Deed to Establish an Occupational

Superannuation Scheme for Commonwealth Employees and Certain Other Persons pursuant to section 5 of the Superannuation Act 1990

DEPARTMENT OF HEALTH AND AGED CARE

National Health Amendment Regulations 1999 (No.7)

National Health Amendment Regulations 1999 (No.8)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Public Service Commissioner’s Directions 1999

Public Service (Defence) Determination 1999/10

Public Service Determination 1999/7

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 105 (35)

Civil Aviation Orders, Part 106 (2)

Civil Aviation Orders, Part 107 (2)

Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No.2)

Airports (Control of On-Airport Activities) Amendment Regulations 1999 (No.3)

Exemption No.CASA 46/1999 under regulation 308 of the Civil Aviation Regulations

Instrument No.CASA 1082/99 under subregulation 207(2) of the Civil Aviation Regulations

Instrument No.CASA 1095/99 under regulation 208 of the Civil Aviation Regulations

DEPARTMENT OF THE TREASURY

Corporations Amendment Regulations 1999 (No.6)

Sales Tax Assessment Amendment Regulations 1999 (No.1)

DELEGATED LEGISLATION TABLED IN THE SENATE

6-9 DECEMBER 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	6
Attorney-General’s	4
Communications, Information Technology and the Arts	4
Defence	8
Education, Training and Youth Affairs	2
Employment, Workplace Relations and Small Business	0
Environment and Heritage	1
Family and Community Services	1
Finance and Administration	5
Foreign Affairs and Trade	0
Health and Aged Care	2
Immigration and Multicultural Affairs	0
Industry, Science and Resources	0
Prime Minister and Cabinet	3
Transport and Regional Services	44
Treasury	2
Veterans’ Affairs	0

Total	82

DELEGATED LEGISLATION TABLED IN THE SENATE

6-9 DECEMBER 1999

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

Airports Act 1996	2
Australian Meat and Live-stock Industry Act 1997	1
Australian Wine and Brandy Corporation Act 1980	1
Broadcasting Services Act 1992	2
Child Support (Assessment) Act 1989	1
Civil Aviation Act 1988	42
Corporations Act 1989	1
Defence Act 1903	7
Endangered Species Protection Act 1992	1
Export Control Act 1982	1
Extradition Act 1988	1
Family Law Act 1975	1
Federal Court of Australia Act 1976	2
Fisheries Management Act 1991	1
Higher Education Funding Act 1988	1
Imported Food Control Act 1992	1
National Health Act 1953	2
Naval Defence Act 1910	1
Public Service Act 1922	2
Public Service Act 1999	1
Quarantine Act 1908	1
Remuneration Tribunal Act 1973	3
Sales Tax Assessment Act 1992	1
Student Assistance Act 1973	1
Superannuation Act 1976	1
Superannuation Act 1990	1
Telecommunications Act 1997	1
Telecommunications (Carrier Licence Charges) Act 1997	1

Total	82

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.LC1/99) nder s.17 of the Australian Meat and Live-stock Industry Act 1997
*Australian Meat and Live-stock Industry Act 1997*
Made	24/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Provides for the export of live breeding cattle above the current maximum weight of 500 kgs, and imposes restrictions on the export of slaughter or breeding cattle with an individual live weight of less than 150 kgs.

Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999 Statutory Rules 1999 No.294
*Australian Wine and Brandy Corporation Act 1980*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Prescribe the rules and procedures for the annual general meeting of the industry, convened by the Australian Wine and Brandy Corporation.

Export Control (Hardwood Wood Chips) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.282
*Export Control Act 1982*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Amend Schedule 1 to the Principal Regulations relating to forest regions by altering the description of the West Region in Victoria and adding a description of the Southern Region in New South Wales.

Fisheries Management Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.285
*Fisheries Management Act 1991*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Make a number of minor changes to the Principal Regulations.

Imported Food Control Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.280
*Imported Food Control Act 1992*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Incorporate the assessment of information for inclusion in a food control certificate, together with inspection of food, as a single chargeable service under the parent Act.

Quarantine Determination No.3 of 1999 under s.86E of the Quarantine Act 1908
*Quarantine Act 1908*
Made	18/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Provides for the introduction of container (tailgate) inspection and fumigation monitoring fees on standard cargo units and specifies fees for services provided at quarantine approved premises where import clearance services are permanently available.

ATTORNEY-GENERAL’S DEPARTMENT

Extradition (Bribery of Foreign Public Officials) Regulations 1999 Statutory Rules 1999 No.284
*Extradition Act 1988*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Give effect in Australian domestic law to the extradition provisions of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

Family Law (Hague Convention on Intercountry Adoption) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.283
*Family Law Act 1975*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Give effect to the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption by making interim provision for the Family Court to exercise jurisdiction under the Principal Regulations and make various other minor amendments thereto.

Federal Court Amendment Rules 1999 (No.6) Statutory Rules 1999 No.295
*Federal Court of Australia Act 1976*
Made	26/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Amend the Principal Rules in relation to service of process outside Australia, discovery of documents, vexatious litigants, expert assistants and the costs allowable in respect of work done by legal practitioners and services performed.

Federal Court Amendment Rules 1999 (No.7) Statutory Rules 1999 No.296
*Federal Court of Australia Act 1976*
Made	30/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Amend the Principal Rules in relation to human rights proceedings

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.3 of 1999) under s.115(2) of the Broadcasting Services Act 1992
*Broadcasting Services Act 1992*
Made	26/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Permits pay TV licensees to acquire exclusive broadcast rights to those one-day and test cricket matches involving the Australian team to be played in New Zealand from February to April 2000.

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.2 of 1999) under s.63(5) of the Telecommunications Act 1997
*Telecommunications Act 1997*
Made	2/12/99
Tabled	7/12/99 S		6/12/99 HR
Summary		Makes some minor variations to the original Declaration, permitting Telstra to provide a limited analogue mobile phone service for a further seven days after 31 December 1999.

Determination under paragraph 15(1)(b) No.2 of 1999
*Telecommunications (Carrier Licence Charges) Act 1997*
Made	1711/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Determines that the proportion of the costs for the 1998-99 financial year of the Australian Competition and Consumer Commission that are attributable to its telecommunications functions is $3,749,180.

Restricted Access Systems Declaration 1999 (No.1) under subclause 4(1) of Schedule 5 of the Broadcasting Services Act 1992
*Broadcasting Services Act 1992*
Made	3/12/99
Tabled	7/12/99 S		7/12/99 HR
Summary		Sets out the minimum requirements for an age verification device that restricts access to Internet content hosted in Australia that is likely to be classified as "restricted".

DEPARTMENT OF DEFENCE

Defence Determination 1999/49
*Defence Act 1903*
Made	24/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Introduces a new allowance for members of the Defence Force who are required for operational reasons to reside as a caretaker on the RAAF bases at Curtin, Learmonth and Scherger.

Defence Determination 1999/50
*Defence Act 1903*
Made	26/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Modernises and simplifies the provision authorising an allowance for members of the Defence Force using private aircraft for authorised travel.

Defence Determination 1999/51
*Defence Act 1903*
Made	26/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Repeals the earlier Determination which is replaced by Defence Determination 1999/50.

Defence Determination 1999/52
*Defence Act 1903*
Made	26/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Amends two earlier Determinations relating to the allowance paid to members of the Defence Force who perform duties as aide-de-camp or in a comparable capacity.

Defence Determination 1999/53
*Defence Act 1903*
Made	2/12/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Increases by 19.4% the rate of deployment allowance paid to members of the Defence Force assigned for duty with a United Nations mission or similar force.

Defence Determination 1999/54
*Defence Act 1903*
Made	3/12/99
Tabled	9/12/99 S		9/12/99 HR
Summary		Replaces references in various Determinations to the Public Service Act 1922 with references to the Public Service Act 1999.

Defence Determination 1999/55
*Defence Act 1903*
Made	8/12/99
Tabled	9/12/99 S		9/12/99 HR
Summary		Amends Defence Determination 1999/1 relating to Overseas Conditions of Service, as a consequence of changes made by the coming into force of the Public Service Act 1999.

Naval Forces Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.281
*Naval Defence Act 1910*
Made	25/11/99
Tabled	6/12/99 S		6/12/99 HR
Summary		Increase to 60 the compulsory retirement age for sailors in the Naval Reserve.

Monitor No 20 (Part B)