Parliament of Australia: Senate: Committee: Monitor 14

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Delegated Legislation Monitor (1998)

Monitor No. 14 1998

DELEGATED LEGISLATION MONITOR

This week there were 37 disallowable instruments of delegated legislation tabled in the Senate, made under 17 separate enabling Acts administered through 13 Departments of State.

Of the 37 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 37 instruments, 16 were made by the Governor-General or Ministers and 21 were made by public officials. Of the five sets of Statutory Rules, one was made as a principal instrument and four as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

7 – 10 DECEMBER 1998

Number of Instruments by Department

Number of Instruments made under Act

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 1998, Meat and Live-stock Export Order No.MQ2/98

Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Performance Recording – Exports) Order 1998, Meat and Live-stock Export Order No.MQ1/98

Export Control (Fees) Orders (Amendment), Export Control Orders No.3 of 1998

Loan (Income Equalization Deposits) Amendment Regulations 1998 (No.1)

ATTORNEY-GENERAL’S DEPARTMENT

Federal Court Amendment Rules 1998 (No.3)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Film Licensed Investment Company (Application) Rules 1998

Film Licensed Investment Company (Criteria and Procedures) Determination 1998

Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 1998

DEPARTMENT OF DEFENCE

Defence Determinations 1998/39-1998/41

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T24 of 1998 under section 15 of the Higher Education Funding Act 1988

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Child Care (High Need Regions) Amendment Determination 1998 (No.1)

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determinations Nos 23-24 of 1998

DEPARTMENT OF HEALTH AND AGED CARE

Accountability Principles 1998

Accreditation Grant Principles 1998

Classification Amendment Principles 1998 (No.1)

Committee Amendment Principles 1998 (No.1)

Flexible Care Subsidy Amendment Principles 1998 (No.1)

Health Insurance Determination HS/4/1998

Quality of Care Amendment Principles (No.1) 1998

Residential Care Subsidy Amendment Principles 1998 (No.2)

User Rights Amendment Principles 1998 (No.1)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1998 (No.12)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Instruments of Approval Nos 40-43 of 1998 under section 4A of the Customs Act 1901

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Carriage of Goods by Sea Regulations 1998 (No.2)

DEPARTMENT OF THE TREASURY

Income Tax (Farm Management Deposits) Regulations 1998

DEPARTMENT OF VETERANS’ AFFAIRS

Determination of Statements of Principles under section 196B of the Veterans’ Entitlements Act 1986 (2)

Revocation and Determination of Statements of Principles under section 196B of the Veterans’ Entitlements Act 1986 (4)

DELEGATED LEGISLATION TABLED IN THE SENATE

7 – 10 DECEMBER 1998

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	4
Attorney-General’s	1
Communications, Information Technology and the Arts	3
Defence	3
Education, Training and Youth Affairs	1
Employment, Workplace Relations and Small Business	0
Environment and Heritage	0
Family and Community Services	1
Finance and Administration	2
Foreign Affairs and Trade	0
Health and Aged Care	9
Immigration and Multicultural Affairs	1
Industry, Science and Resources	4
Prime Minister and Cabinet	0
Transport and Regional Services	1
Treasury	1
Veterans’ Affairs	6

Total	37

DELEGATED LEGISLATION TABLED IN THE SENATE

7 – 10 DECEMBER 1998

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

Aged Care Act 1997	8
Australian Meat and Live-stock Industry Act 1997	2
Carriage of Goods by Sea Act 1991	1
Child Care Act 1972	1
Civil Aviation Act 1988	1
Customs Act 1901	4
Defence Act 1903	3
Export Control Act 1982	1
Federal Court of Australia Act 1976	1
Film Licensed Investment Company Act 1998	2
Health Insurance Act 1973	1
Higher Education Funding Act 1988	1
Income Tax Assessment Act 1936	1
Loan (Income Equalization Deposits) Act 1976	1
Migration Act 1958	1
Remuneration Tribunal Act 1973	2
Veterans’ Entitlements Act 1986	6

Total	37

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 1998 Meat and Live-stock Export Order No.MQ2/98
*Australian Meat and Live-stock Industry Act 1997*
Made	4/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Explains the method by which quotas to export sheepmeat and goatmeat will be allocated among eligible licensees.

Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Performance Recording – Exports) Order 1998 Meat and Live-stock Export Order No.MQ1/98
*Australian Meat and Live-stock Industry Act 1997*
Made	4/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Provides for the allocation of sheepmeat and goatmeat export quotas.

Export Control (Fees) Orders (Amendment) Export Control Orders No.3 of 1998
*Export Control Act 1982*
Made	4/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Provides for reduced charges relating to services provided under the AQIS Export Grains Program.

Loan (Income Equalization Deposits) Amendment Regulations 1998 (No.1) Statutory Rules 1998 No.326
*Loan (Income Equalization Deposits) Act 1976*
Made	9/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Make amendments consequent upon the Taxation Laws Amendment (Farm Management Deposits) Act 1998.

ATTORNEY-GENERAL’S DEPARTMENT

Federal Court Amendment Rules 1998 (No.3) Statutory Rules 1998 No.323
*Federal Court of Australia Act 1976*
Made	1/12/98
Tabled	9/12/98 S		9/12/98 HR
Summary		Amend various definitions.

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Film Licensed Investment Company (Application) Rules 1998 under s.9 of the *Film Licensed Investment Company Act 1998*
*Film Licensed Investment Company Act 1998*
Made	7/12/98
Tabled	8/12/98 S		9/12/98 HR
Summary		Determines rules for the method of calling for applications.

Film Licensed Investment Company (Criteria and Procedures) Determination 1998 under s.10 of the *Film Licensed Investment Company Act 1998*
*Film Licensed Investment Company Act 1998*
Made	7/12/98
Tabled	8/12/98 S		9/12/98 HR
Summary		Determines procedures to be complied with in relation to applications for a licence.

Radiocommunications Licence Conditions (Maritime Coast Licence) Determination 1998 under paragraph 107(1)(f) of the *Radiocommunications Act 1992*
*Radiocommunications Act 1992*
Made	26/11/98
Tabled	7/12/98 S		3/12/98 HR
Summary		Sets out conditions for various types of stations operating under a Maritime Coast Licence.

DEPARTMENT OF DEFENCE

Defence Determination 1998/39
*Defence Act 1903*
Made	2/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Varies education assistance.

Defence Determination 1998/40
*Defence Act 1903*
Made	4/12/98
Tabled	10/19/98 S		9/12/98 HR
Summary		Amends a reference.

Defence Determination 1998/41
*Defence Act 1903*
Made	7/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Varies the Housing Assistance.

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T24 of 1998 under s.15 of the *Higher Education Funding Act 1988*
*Higher Education Funding Act 1988*
Made	2/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Adjusts funding for student places under the Joint Commonwealth/Industry Funded Additional Places Scheme.

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Child Care (High Need Regions) Amendment Determination 1998 (No.1) under the *Child Care Act 1972*
*Child Care Act 1972*
Made	18/11/98
Tabled	8/12/98 S		7/12/98 HR
Summary		Specifies the regions eligible for the allocation of new child care centre places.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination No.23 of 1998
*Remuneration Tribunal Act 1973*
Made	12/11/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Varies recreation leave entitlements for certain full-time public office holders.

Remuneration Tribunal Determination No.24 of 1998
*Remuneration Tribunal Act 1973*
Made	12/11/98
Tabled	7/12/98 S		3/12/98 HR
Summary		Varies the rate of remuneration for certain full-time and part-time holders of public office.

DEPARTMENT OF HEALTH AND AGED CARE

Accountability Principles 1998 under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	10/07/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Provides for accountability of approved providers of aged care services.

Accreditation Grant Principles 1998 under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	10/07/98
Tabled	7/112/98 S		7/12/98 HR
Summary		Provides for the functions and operations of the Aged Care Standards and Accreditation Agency.

Classification Amendment Principles 1998 (No.1) under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	21/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Amends the Classification Principles to reflect relative care needs.

Committee Amendment Principles 1998 (No.1) under s.96-3 of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	14/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Makes improvements to the Complaints Resolution Scheme.

Flexibility Care Subsidy Amendment Principles 1998 (No.1) under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	26/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Provides for the operation of the Extended Aged Care at Home Packages.

Health Insurance Determination HS/4/1998 under s.3C(1) of the *Health Insurance Act 1973*
*Health Insurance Act 1973*
Made	23/11/98
Tabled	7/12/98 S		3/12/98 HR
Summary		Provides medicare benefits for percutaneous tracheostomy.

Quality of Care Amendment Principles (No.1) 1998 under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	6/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Replaces existing unworkable provisions.

Residential Care Subsidy Amendment Principles 1998 (No.2) under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	26/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Ensures that providers receive a payroll tax supplement for eligible high care residents.

User Rights Amendment Principles 1998 (No.1) under s.96-1(1) of the *Aged Care Act 1997*
*Aged Care Act 1997*
Made	26/08/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Provides for refunds of respite booking fees and financial hardship waiver of accommodation bonds.

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1998 (No.12) Statutory Rules 1998 No.322
*Migration Act 1958*
Made	9/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Vary bridging visa arrangements.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Instrument of Approval No.40 of 1998 under s.4A of the *Customs Act 1901*
*Customs Act 1901*
Made	16/11/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Approves a form for the purposes of the Act.

Instrument of Approval No.41 of 1998 under s.4A of the *Customs Act 1901*
*Customs Act 1901*
Made	16/11/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Approves a form for the purposes of the Act.

Instrument of Approval No.42 of 1998 under s.4A of the *Customs Act 1901*
*Customs Act 1901*
Made	16/11/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Approves a form for the purposes of the Act.

Instrument of Approval No.43 of 1998 under s.4A of the *Customs Act 1901*
*Customs Act 1901*
Made	16/11/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Approves a form for the purposes of the Act.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Carriage of Goods by Sea Regulations 1998 (No.2) Statutory Rules 1998 No.324
*Carriage of Goods by Sea Act 1991*
Made	9/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Correct technical drafting errors.

DEPARTMENT OF THE TREASURY

Income Tax (Farm Management Deposits) Regulations 1998 Statutory Rules 1998 No.325
*Income Tax Assessment Act 1936*
Made	9/12/98
Tabled	10/12/98 S		9/12/98 HR
Summary		Provide for the Farm Management Deposits Scheme.

DEPARTMENT OF VETERANS’ AFFAIRS

Revocation and Determination of Statement of Principles under s.196B(2) of the *Veterans’ Entitlements Act 1986* Instrument No.76 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Revokes Statement of Principles (Instrument No.5 of 1994) and determines a Statement of Principles concerning alcohol dependence or alcohol abuse.

Revocation and Determination of Statement of Principles under s.196B(3) of the *Veterans’ Entitlements Act 1986* Instrument No.77 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Revokes Statement of Principles (Instrument No.6 of 1994) and determines a Statement of Principles concerning alcohol dependence or alcohol abuse.

Determination of Statement of Principles under s.196B(2) of the *Veterans’ Entitlements Act 1986* Instrument No.78 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Determines a Statement of Principles concerning drug dependence or drug abuse.

Determination of Statement of Principles under s.196B(3) of the *Veterans’ Entitlements Act 1986* Instrument No.79 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Determines a Statement of Principles concerning drug dependence or drug abuse.

Revocation and Determination of Statement of Principles under s.196B(2) of the *Veterans’ Entitlements Act 1986* Instrument No.80 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Revokes Statements of Principles (Instruments Nos 140 of 1996, 77 of 1997 and 37 of 1998) and determines a Statement of Principles concerning ischaemic heart disease.

Revocation and Determination of Statement of Principles under s.196B(3) of the *Veterans’ Entitlements Act 1986* Instrument No.81 of 1998
*Veterans’ Entitlements Act 1986*
Made	1/12/98
Tabled	7/12/98 S		7/12/98 HR
Summary		Revokes Statements of Principles (Instruments Nos 141 of 1996, 78 of 1997 and 38 of 1998) and determines a Statement of Principles concerning ischaemic heart disease.

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