Parliament of Australia: Senate: Committee: Monitor 13

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Delegated Legislation Monitor (1998)

Monitor No. 13 1998

DELEGATED LEGISLATION MONITOR

This week there were 23 disallowable instruments of delegated legislation tabled in the Senate, made under 18 separate enabling Acts administered through seven Departments of State.

Of the 23 instruments, eight 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 23 instruments, 13 were made by the Governor-General or Ministers and 10 were made by public officials. Of the eight sets of Statutory Rules, one was made as a principal instrument and seven as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

30 NOVEMBER – 3 DECEMBER 1998

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Fishing Levy Regulations 1998

Primary Industries Levies and Charges Collection (Strawberries) Amendment Regulations 1998 (No.1)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No.3)

Temporary Order No.2 – Ban on Fishing for Pilchards

ATTORNEY-GENERAL’S DEPARTMENT

Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No.1)

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T22 of 1998 under section 15 of the Higher Education Funding Act 1988

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1998 (No.2)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Patents Amendment Regulations 1998 (No.8)

Review of Decision Instruments of Approval Nos 40-43 of 1998 under section 269ZXA of the Customs Act 1901

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Air Navigation Amendment Regulations 1998 (No.1)

Airports Amendment Regulations 1998 (No.6)

Business Franchise (Tobacco) Amendment Regulations 1998 (W.A.) (C.I.) Amendment Regulations 1998 (No.1), Territory of Christmas Island Regulations 1998 No.1

Business Franchise (Tobacco) Amendment Regulations 1998 (W.A.) (C.K.I.) Amendment Regulations 1998 (No.1), Territory of Cocos (Keeling) Islands Regulations 1998 No.1

Civil Aviation Orders, Part 40

Exemption No.CASA 43/1998 under regulation 89ZD of the Civil Aviation Regulations

Instrument No.CASA 476/98 under regulation 207 of the Civil Aviation Regulations

Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No.1)

Territory of Christmas Island Regulations 1998 No.2

Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No.1)

Territory of Cocos (Keeling) Islands Regulations 1998 No.2

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1038: Life Insurance Business

Currency Determination No.7 of 1998

DELEGATED LEGISLATION TABLED IN THE SENATE

30 NOVEMBER – 3 DECEMBER 1998

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	4
Attorney-General’s	1
Communications, Information Technology and the Arts	0
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	0
Foreign Affairs and Trade	1
Health and Aged Care	0
Immigration and Multicultural Affairs	0
Industry, Science and Resources	5
Prime Minister and Cabinet	0
Transport and Regional Services	9
Treasury	2
Veterans’ Affairs	0

Total	23

DELEGATED LEGISLATION TABLED IN THE SENATE

30 NOVEMBER – 3 DECEMBER 1998

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

Air Navigation Act 1920	1
Airports Act 1996	1
Christmas Island Act 1958	2
Civil Aviation Act 1988	3
Cocos (Keeling) Islands Act 1955	2
Corporations Act 1989	1
Currency Act 1965	1
Customs Act 1901	4
Evidence and Procedure (New Zealand) Act 1994	1
Fisheries Management Act 1991	2
Fishing Levy Act 1991	1
Higher Education Funding Act 1988	1
Horticultural Levy Act 1987	1
National Residue Survey (Customs) Levy Act 1998	1
National Residue Survey (Excise) Levy Act 1998	1
Nuclear Non-Proliferation (Safeguards) Act 1987	1
Patents Act 1990	1
Primary Industries Levies and Charges Collection Act 1991	1

Total	26

(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

Fishing Levy Regulations 1998 Statutory Rules 1998 No.314
Fishing Levy Act 1991 Fisheries Management Act 1991
Made	24/11/98
Tabled	30/11/98 S		26/11/98 HR
Summary		Specify the amount of levy imposed in respect of fishing concessions.

Primary Industries Levies and Charges Collection (Strawberries) Amendment Regulations 1998 (No.1) Statutory Rules 1998 No.315
Primary Industries and Charges Collection Act 1991 Horticultural Levy Act 1987
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Vary the collection arrangements for the strawberry levy.

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No.3) Statutory Rules 1998 No.316
National Residue Survey (Customs) Levy Act 1998 National Residue Survey (Excise) Levy Act 1998
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Vary the rate of levy on horse slaughter for human consumption.

Temporary Order No.2 - Ban on Fishing for Pilchards under s.43(2) of the *Fisheries Management Act 1991*
*Fisheries Management Act 1991*
Made	30/10/98
Tabled	2/12/98 S		2/12/98 HR
Summary		Bans the fishing for pilchards for use as bait for tuna fishing.

ATTORNEY-GENERAL’S DEPARTMENT

Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No.1) Statutory Rules 1998 No.317
*Evidence and Procedure (New Zealand) Act 1994*
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Enable the Supreme Court of Tasmania to obtain evidence from New Zealand by video link or telephone.

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T22 of 1998 under s.15 of the *Higher Education Funding Act 1988*
*Higher Education Funding Act 1988*
Made	26/11/98
Tabled	1/12/98 S		1/1298 HR
Summary		Revises the level of base operating grants in 1998 for the University of Wollongong and Queensland University of Technology.

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1998 (No.2) Statutory Rules 1998 No.318
*Nuclear Non-Proliferation (Safeguards) Act 1987*
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Prescribe the amount of charge payable by a producer of uranium.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Patents Amendment Regulations 1998 (No.8) Statutory Rules 1998 No.319
*Patents Act 1990*
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Make amendments consequent upon the Intellectual Property Laws Amendment Act 1998.

Review of Decision Instrument of Approval No.40 of 1998 under s.269ZXA of the *Customs Act 1901*
*Customs Act 1901*
Made	30/11/98
Tabled	2/12/98 S		1/12/98 HR
Summary		Approves a form for the purposes of the Act.

Review of Decision Instrument of Approval No.41 of 1998 under s.269ZXA of the *Customs Act 1901*
*Customs Act 1901*
Made	30/11/98
Tabled	2/12/98 S		1/12/98 HR
Summary		Approves a form for the purposes of the Act.

Review of Decision Instrument of Approval No.42 of 1998 under s.269ZXA of the *Customs Act 1901*
*Customs Act 1901*
Made	30/11/98
Tabled	2/12/98 S		1/12/98 HR
Summary		Approves a form for the purposes of the Act.

Review of Decision Instrument of Approval No.43 of 1998 under s.269ZXA of the *Customs Act 1901*
*Customs Act 1901*
Made	30/11/98
Tabled	2/12/98 S		1/12/98 HR
Summary		Approves a form for the purposes of the Act.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Air Navigation Amendment Regulations 1998 (No.1) Statutory Rules 1998 No.321
*Air Navigation Act 1920*
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Provide for aviation security matters.

Airports Amendment Regulations 1998 (No.6) Statutory Rules 1998 No.320
*Airports Act 1996*
Made	24/11/98
Tabled	1/12/98 S		26/11/98 HR
Summary		Provide for the title particulars of land annexed to Sydney Airport.

Business Franchise (Tobacco) Amendment Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No.1) Territory of Christmas Island Regulations 1998 No.1
*Christmas Island Act 1958*
Made	8/11/98
Tabled	1/12/98 S		30/11/98 HR
Summary		Make changes in relation to new arrangements for State and Territory franchise fees.

Business Franchise (Tobacco) Amendment Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No.1) Territory of Cocos (Keeling) Islands Regulations 1998 No.1
*Cocos (Keeling) Islands Act 1955*
Made	8/11/98
Tabled	1/12/98 S		30/11/98 HR
Summary		Make changes in relation to new arrangements for State and Territory franchise fees.

Civil Aviation Orders, Part 40
*Civil Aviation Act 1988*
Made	30/11/98
Tabled	2/12/98 S		1/12/98 HR
Summary		Makes various changes concerning endorsements for aeroplanes, helicopters and airships.

Exemption No.CASA 43/1998 under r.89ZD of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	26/11/98
Tabled	30/11/98 S		30/11/98 HR
Summary		Exempts a specified aircraft from certain requirements.

Instrument No.CASA 476/98 under r.207 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	26/11/98
Tabled	3/12/98 S		3/12/98 HR
Summary		Exempts a specified aircraft from certain requirements.

Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No.1) Territory of Christmas Island Regulations 1998 No.2
*Christmas Island Act 1958*
Made	8/11/98
Tabled	1/12/98 S		30/11/98 HR
Summary		Make changes in relation to new arrangements for State and Territory franchise fees.

Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No.1) Territory of Cocos (Keeling) Islands Regulations 1998 No.2
*Cocos (Keeling) Islands Act 1955*
Made	8/11/98
Tabled	1/12/98 S		30/11/98 HR
Summary		Make changes in relation to new arrangements for State and Territory franchise fees.

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1038: Life Insurance Business
*Corporations Act 1989*
Made	17/11/98
Tabled	30/11/98 S		26/11/98 HR
Summary		Establishes accounting standards for life insurance business.

Currency Determination No.7 of 1998 under s.13A(1) of the *Currency Act 1965*
*Currency Act 1965*
Made	18/11/98
Tabled	30/11/98 S		30/11/98 HR
Summary		Specifies design and characteristics of several coins.

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