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Delegated Legislation Monitor (1998)

Monitor No.7 1998

DELEGATED LEGISLATION MONITOR

This week there were 56 disallowable instruments of delegated legislation tabled in the Senate, made under 20 separate enabling Acts administered through nine Departments of State.

Of the 56 instruments, 14 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, 18 were made by the Governor-General or Ministers and 38 were made by public officials. Of the 14 sets of Statutory Rules, one was made as a principal instrument and 13 as amending instruments.

The Determination No.ACC.DNCB.98-01 under paragraphs 58G(2)(b) and 58GA(1)(a) of the National Health Act 1953 implements a decision to increase the rate of the Domiciliary Nursing Care Benefit to the same rate as the Child Disability Allowance.

The Determination No.PB 9 of 1998 under s.99L(1) of the National Health Act 1953 provides for the operations of the Australian Community Pharmacy Authority in relation to applications to establish a new pharmacy or to relocate an existing pharmacy. The Explanatory Statement advises that the Determination was made after consultation with the Pharmacy Guild of Australia.

The Indigenous Education (Supplementary Assistance 1998-2000) Regulations 1998, Statutory Rules 1998 No.88, provides a formula to index the amount of funding provided for supplementary assistance for indigenous education.

The Protection of the Sea (Oil Pollution Compensation Fund) Regulations (Amendment), Statutory Rules 1998 No.87, phase out obsolete provisions relating to the amount of compensation available to a person who suffers loss as a result of pollution damage from oil tankers.

The Remuneration Tribunal Determination No.13 of 1998 provides, among other things, for remuneration of the Chair, Deputy Chair, Commissioner and Associate Commissioner of the Productivity Commission, to operate from the establishment of the Commission.

The AUSTUDY Regulations (Amendment), Statutory Rules 1998 No.86, amend the Actual Means Test provisions to extend the present actual means concession and clarify the treatment of business related expenditure and non-taxable compensation payments.

The Income Tax Assessment Regulations (Amendment), Statutory Rules 1998 No.85, provide the rates for calculating a deduction for car expenses for the 1997-98 income year. The regulations will also be used to calculate the taxable value of a number of fringe benefits that relate to motor vehicles, such as remote area holiday travel.

Any person interested in regularly receiving a copy of the Delegated Legislation Monitor should contact the Secretary, Senate Standing Committee on Regulations and Ordinances, Parliament House, Canberra (telephone 6277 3066).

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

25-29 MAY 1998

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

AUSTUDY Regulations (Amendment)

Indigenous Education (Supplementary Assistance 1998-2000) Regulations 1998

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determinations Nos 13 and 14 of 1998

Superannuation (CSS) Approved Authority Declaration (Amendment)

Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment)

Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)

Superannuation (PSS) Membership Inclusion Declaration (Amendment)

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Determination No.ACC.DNCB.98-01 under paragraphs 58G(2)(b) and 58GA(1)(a) of the National Health Act 1953

Determination No.PB 9 of 1998 under subsection 99L(1) of the National Health Act 1953

Therapeutic Goods (Manufacturing Principles) Determination No.1 of 1998

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Instrument of Approval No.5 of 1998 under section 4A of the Customs Act 1901

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Fisheries Research and Development Corporation Regulations (Amendment)

Livestock Export (Merino) Orders (Amendment), Livestock Export (Merino) Orders No.1 of 1998

Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Foreign Affairs and Trade Determinations 1998/4-1998/5

Senior Executive Service Retirement on Benefit Determinations 1998/26-1998/34

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Airports (Control of On-Airport Activities) Regulations (Amendment)

Airports (Environment Protection) Regulations (Amendment)

Airports Regulations (Amendment)

Civil Aviation Orders, Part 105 (15)

Civil Aviation Orders, Part 106 (4)

Civil Aviation Orders, Part 107 (2)

Exemption No.CASA 18/1998 under subregulation 89ZD(1) of the Civil Aviation Regulations

DEPARTMENT OF THE TREASURY

Income Tax Assessment Regulations (Amendment)

Income Tax Regulations (Amendment)

RHQ Company Determination No.5 of 1998

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determination 1998/20

Protection of the Sea (Oil Pollution Compensation Fund) Regulations (Amendment)

DELEGATED LEGISLATION TABLED IN THE SENATE

25-29 MAY 1998

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Attorney-General's	0
Communications and the Arts	0
Defence	0
Employment, Education, Training and Youth Affairs	2
Environment	0
Finance and Administration	6
Foreign Affairs and Trade	0
Health and Family Services	3
Immigration and Multicultural Affairs	0
Industry, Science and Tourism	1
Primary Industries and Energy	3
Prime Minister and Cabinet	11
Social Security	0
Transport and Regional Development	25
Treasury	3
Veterans' Affairs	0
Workplace Relations and Small Business	2

Total	56

DELEGATED LEGISLATION TABLED IN THE SENATE

25-29 MAY 1998

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

Airports Act 1996	3
Civil Aviation Act 1988	22
Customs Act 1901	1
Defence Act 1903	1
Export Control Act 1982	1
Horticultural Export Charge Act 1987	1
Horticultural Levy Act 1987	1
Income Tax Assessment Act 1936	2
Income Tax Assessment Act 1997	1
Indigenous Education (Supplementary Assistance) Act 1989	1
National Health Act 1953	2
Primary Industries and Energy Research and Development Act 1989	1
Primary Industries Levies and Charges Collection Act 1991	1
Protection of the Sea (Oil Pollution Compensation Fund) Act 1993	1
Public Service Act 1922	11
Remuneration Tribunal Act 1973	2
Student and Youth Assistance Act 1973	1
Superannuation Act 1976	2
Superannuation Act 1990	2
Therapeutic Goods Act 1989	1

Total	58

(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 EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

AUSTUDY Regulations (Amendment)

Statutory Rules 1998 No.86

Student and Youth Assistance Act 1973

Made	14/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Amend the Actual Means Test.

Indigenous Education (Supplementary Assistance 1998-2000) Regulations 1998

Statutory Rules 1998 No.88

Indigenous Education (Supplementary Assistance) Act 1989

Made	14/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provide for the supplementation of the cost of delivering educational services to indigenous students.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination No.13 of 1998

Remuneration Tribunal Act 1989

Made	28/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Sets rates of salary and allowances for certain full-time and part-time holders of public office.

Remuneration Tribunal Determination No.14 of 1998

Remuneration Tribunal Act 1989

Made	28/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Sets rates of salary and allowances for the Director, Civil Aviation Safety Authority.

Superannuation (CSS) Approved Authority Declaration (Amendment)

Statutory Rules 1998 No.94

Superannuation Act 1976

Made	29/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Declare the West Australian Symphony Orchestra Holdings Pty Ltd to be an approved authority for the purposes of the Act.

Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment)

Statutory Rules 1998 No.91

Superannuation Act 1976

Made	14/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provide for CSS membership of employees of the Australian Law Reform Commission, Medibank and Employment National (Administration) Pty Ltd.

Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)

Statutory Rules 1998 No.93

Superannuation Act 1990

Made	29/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Declare the West Australian Symphony Orchestra Holdings Pty Ltd to be an approved authority for the purposes of the Act.

Superannuation (PSS) Membership Inclusion Declaration (Amendment)

Statutory Rules 1998 No.95

Superannuation Act 1990

Made	4/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provide for continuing membership of the PSS for employees of the Australian Law Reform Commission, Medibank and Employment National (Administration) Pty Ltd.

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Determination No.ACC.DNCB.98-01 under paragraphs 58G(2)(b) and 58GA(1)(a) of the National Health Act 1953

National Health Act 1953

Made	20/05/98
Tabled	28/05/98 S	27/05/98 HR

Summary	Increases the Domiciliary Nursing Care Benefit.

Determination No.PB 9 of 1998 under s.99L(1) of the National Health Act 1953

National Health Act 1953

Made	2/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Amends the guidelines with which the Australian Community Pharmacy Authority must comply when making certain recommendations.

Therapeutic Goods (Manufacturing Principles) Determination No.1 of 1998 under s.36(1) of the Therapeutic Goods Act 1989

Therapeutic Goods Act 1989

Made	23/03/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Introduces two new Codes of Good Manufacturing Practice – Blood and Blood Components and Human Tissues.

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Instrument of Approval No.5 of 1998 under s.4A of the Customs Act 1901

Customs Act 1901

Made	12/05/98
Tabled	26/05/98 S	26/05/98 HR

Summary	Approves a form for the purposes of the Act.

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Fisheries Research and Development Corporation Regulations (Amendment)

Statutory Rules 1998 No.90

Primary Industries and Energy Research and Development Act 1989

Made	14/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Set the research components for the levies attached to the FRDC.

Livestock Export (Merino) Orders (Amendment)

Livestock Export (Merino) Orders No.1 of 1998

Export Control Act 1982

Made	14/05/98
Tabled	27/05/98 S	27/05/98 HR

Summary	Provides for export auction dates for the 1988 season.

Primary Industries Levies and Charges Collection (Avocado) Regulations (Amendment)

Statutory Rules 1998 No.89

Primary Industries Levies and Charges Collection Act 1991

Horticultural Levy Act 1987

Horticultural Export Charge Act 1987

Made	14/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Vary the amount of levy and export charge on avocados.

DEPARTMENT OF THE PRIME MINISTER AND CABINET

(Although under the Administrative Arrangements Order the Public Service Act is administered by the Prime Minister, some Public Service Determinations are made by officers of the Department of Workplace Relations and Small Business under subdelegation authorised by that Act. Such Determinations are noted by an asterisk. Officers of the Department of Foreign Affairs and Trade also make Determinations under that Act under subdelegation and any of these are noted by a double asterisk.)

Foreign Affairs and Trade Determination 1998/4**

Public Service Act 1922

Made	16/05/98
Tabled	27/05/98 S	27/05/98 HR

Summary	Amends school assistance limits for the USA.

Foreign Affairs and Trade Determination 1998/5**

Public Service Act 1922

Made	15/05/98
Tabled	27/05/98 S	27/05/98 HR

Summary	Varies the Difficult Post Allowance for Indonesia.

Senior Executive Service Retirement on Benefit Determination 1998/26

Public Service Act 1922

Made	20/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/27

Public Service Act 1922

Made	22/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/28

Public Service Act 1922

Made	27/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/29

Public Service Act 1922

Made	28/04/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/30

Public Service Act 1922

Made	6/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/31

Public Service Act 1922

Made	10/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/32

Public Service Act 1922

Made	11/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/33

Public Service Act 1922

Made	11/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1998/34

Public Service Act 1922

Made	20/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provides for the payment of a benefit on retirement to a specified officer.

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Airports (Control of On-Airport Activities) Regulations (Amendment)

Statutory Rules 1998 No.98

Airports Act 1996

Made	20/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Modify State and Territory laws in relation to liquor trading, gambling and smoking at leased airports.

Airports (Environment Protection) Regulations (Amendment)

Statutory Rules 1998 No.96

Airports Act 1996

Made	20/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Provide for continued Commonwealth environmental management of certain airports.

Airports Regulations (Amendment)

Statutory Rules 1998 No.97

Airports Act 1996

Made	20/05/98
Tabled	25/05/98 S	25/05/98 HR

Summary	Make drafting changes relating to single-site retail businesses.