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

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Delegated Legislation Monitor (1999)

Monitor No. 3 1999

DELEGATED LEGISLATION MONITOR

This week there were 42 disallowable instruments of delegated legislation tabled in the Senate, made under 24 separate enabling Acts administered through 12 Departments of State.

Of the 42 instruments, 16 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 42 instruments, 25 were made by the Governor-General or Ministers and 17 were made by public officials. Of the 16 sets of Statutory Rules, 2 were made as principal instruments and 14 as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

22-25 MARCH 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Export Control (Grain, Plants and Plant Products) Amendment Orders 1999 (No.1)

ATTORNEY-GENERAL’S DEPARTMENT

Disability Discrimination Amendment Regulations 1999 (No.1)

Family Law Amendment Regulations 1999 (No.1)

Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Australian Postal Corporation Amendment Regulations 1999 (No.1)

Declaration under section 190 of the Radiocommunications Act 1992

Telecommunications (Facility Installation Permit – Application Charge) Determination 1999

Telecommunications (Facility Installation Permit – Public Inquiry Charges) Determination 1999

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Workplace Relations Amendment Regulations 1999 (No.1)

Workplace Relations Amendment Regulations 1999 (No.2)

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99/ESP1) under subsection 18(1) of the Endangered Species Protection Act 1992

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Social Security (Threshold Rates) Determination 1999

DEPARTMENT OF FINANCE AND ADMINISTRATION

Commonwealth Authorities and Companies Amendment Regulations 1999 (No.1)

Financial Management and Accountability Amendment Regulations 1999 (No.1)

Financial Management and Accountability Amendment Regulations 1999 (No.2)

Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)

DEPARTMENT OF HEALTH AND AGED CARE

Australian Radiation Protection and Nuclear Safety Regulations 1999

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.1)

Health Insurance Amendment Regulations 1999 (No.1)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Petroleum Retail Marketing Sites Amendment Regulations 1999 (No.1)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Department of Veterans’ Affairs Determination 1999/1

Locally Engaged Staff Determinations 1999/06-1999/07

Public Service Determination 1999/1

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 82

Declaration of Pre-existing Capacity under section 54B of the International Air Services Commission Act 1992 (Instrument No.M/JA2/99)

Exemptions Nos CASA 05/1999-08/1999 under the Civil Aviation Regulations

Instruments Nos CASA 69/99 and CASA 72/99 under regulation 207 of the Civil Aviation Regulations

International Air Services Policy Statement No.3 (Amendment)

Interpretation Act 1984 (W.A.) (C.I.) Amendment Ordinance 1999 (No.1), Territory of Christmas Island Ordinance No.2 of 1999

Interpretation Amendment Ordinance 1999 (No.1), Territory of Christmas Island Ordinance No.1 of 1999

Interpretation Act 1984 (W.A.) (C.K.I.) Amendment Ordinance 1999 (No.1), Territory of Cocos (Keeling) Islands Ordinance No.2 of 1999

Interpretation Amendment Ordinance 1999 (No.1), Territory of Cocos (Keeling) Islands Ordinance No.1 of 1999

Marine Orders, Part 32 – Cargo Handling Equipment, Issue 2 (Amendment), Marine Orders No.7 of 1999

Marine Orders, Part 52 – Sailing ships, Issue 2, Marine Orders No.8 of 1999

DEPARTMENT OF THE TREASURY

Corporations Amendment Regulations 1999 (No.1)

Corporations Amendment Regulations 1999 (No.2)

Prudential Rules No.30 – Variation of all Commissioner’s Rules under subsection 252(1) of the Life Insurance Act 1995

DELEGATED LEGISLATION TABLED IN THE SENATE

22-25 MARCH 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Agriculture, Fisheries and Forestry	1
Attorney-General’s	3
Communications, Information Technology and the Arts	4
Defence	0
Education, Training and Youth Affairs	0
Employment, Workplace Relations and Small Business	2
Environment and Heritage	1
Family and Community Services	1
Finance and Administration	4
Foreign Affairs and Trade	0
Health and Aged Care	3
Immigration and Multicultural Affairs	0
Industry, Science and Resources	1
Prime Minister and Cabinet	4
Transport and Regional Services	15
Treasury	3
Veterans’ Affairs	0

Total	42

DELEGATED LEGISLATION TABLED IN THE SENATE

22-25 MARCH 1999

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

Australian Communications Authority Act 1997	2
Australian Postal Corporation Act 1989	1
Australian Radiation Protection and Nuclear Safety Act 1998	1
Christmas Island Act 1958	2
Civil Aviation Act 1988	7
Cocos (Keeling) Islands Act 1955	2
Commonwealth Authorities and Companies Act 1997	1
Corporations Act 1989	2
Disability Discrimination Act 1992	1
Endangered Species Protection Act 1992	1
Export Control Act 1982	1
Family Law Act 1975	1
Financial Management and Accountability Act 1997	2
Health Insurance Act 1973	2
International Air Services Commission Act 1992	2
Life Insurance Act 1995	1
Mutual Assistance in Criminal Matters Act 1987	1
Navigation Act 1912	2
Petroleum Retail Marketing Sites Act 1980	1
Public Service Act 1922	4
Radiocommunications Act 1992	1
Social Security Act 1991	1
Superannuation Act 1990	1
Workplace Relations Act 1996	2

Total	42

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Export Control (Grain, Plants and Plant Products) Amendment Orders 1999 (No.1)
*Export Control Act 1982*
Made	10/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Extends the list of prescribed grains and clarifies certain definitions.

ATTORNEY-GENERAL’S DEPARTMENT

Disability Discrimination Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.40
*Disability Discrimination Act 1992*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Prescribe specific State laws for the purposes of the Act.

Family Law Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.39
*Family Law Act 1975*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Prescribe two overseas countries as reciprocating jurisdictions.

Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999 Statutory Rules 1999 No.50
*Mutual Assistance in Criminal Matters Act 1987*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Give effect in Australian domestic law to the Mutual Assistance in Criminal Matters Treaty between Australia and Indonesia.

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Australian Postal Corporation Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.41
*Australian Postal Corporation Act 1989*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Correct an error.

Declaration under s.190 of the *Radiocommunications Act 1992*
*Radiocommunications Act 1992*
Made	4/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Prohibits the use of mobile telephone jammers.

Telecommunications (Facility Installation Permit – Application Charge) under s.53(1) of the *Australian Communications Authority Act 1997*
*Australian Communications Authority Act 1997*
Made	18/02/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Sets the amount of charge on an application for a facility installation permit.

Telecommunications (Facility Installation Permit – Public Inquiry Charges) under s.53(1) of the *Australian Communications Authority Act 1997*
*Australian Communications Authority Act 1997*
Made	18/02/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Sets the amount of charge on an applicant for a facility installation permit where the ACA decides to conduct a public inquiry about the permit.

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Workplace Relations Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.42
*Workplace Relations Act 1996*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Amend the list of organisations to be notified in relation to variations of relevant awards in industries in the Northern Territory.

Workplace Relations Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.43
*Workplace Relations Act 1996*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Reimpose a $50 lodgment fee for applications in respect of termination of employment.

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99/ESP1) under s.18(1) of the *Endangered Species Protection Act 1992*
*Endangered Species Protection Act 1992*
Made	24/02/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Amends the schedule of threatened species.

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Social Security (Threshold Rates) Determination 1999 under s.1082 of the *Social Security Act 1991*
*Social Security Act 1991*
Made	11/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Sets the lower and upper extended deeming rates at 3% and 4.5% respectively.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Commonwealth Authorities and Companies Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.46
*Commonwealth Authorities and Companies Act 1997*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Modify the application of the Act to companies conducted for the purposes of the intelligence security agencies.

Financial Management and Accountability Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.44
*Financial Management and Accountability Act 1997*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Modify the application of the Act to intelligence or security agencies.

Financial Management and Accountability Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.45
*Financial Management and Accountability Act 1997*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Amend the list of agencies which are prescribed for the purposes of the Act.

Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment) Statutory Rules 1999 No.36
*Superannuation Act 1990*
Made	3/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Declare NEPC Service Corporation to be an approved authority for the purposes of the Act.

DEPARTMENT OF HEALTH AND AGED CARE

Australian Radiation Protection and Nuclear Safety Regulations 1999 Statutory Rules 1999 No.37
*Australian Radiation Protection and Nuclear Safety Act 1998*
Made	17/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Implement details of the operation of the Act.

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.20
*Health Insurance Act 1973*
Made	23/02/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Amend the table of diagnostic imaging services.

Health Insurance Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.48
*Health Insurance Act 1973*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Provide for Medicare benefits to be paid for services provided by a medical practitioner for an approved deputising service.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Petroleum Retail Marketing Sites Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.49
*Petroleum Retail Marketing Sites Act 1980*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Provide for a temporary increase in allocation of sites for BP Australia Ltd.

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 Public Service Determinations are made by officers of other agencies under subdelegation authorised by that Act. Any such Determinations are noted by an asterisk.

Department of Veterans' Affairs Determination 1999/1 *
*Public Service Act 1922*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Amends the rates of travelling allowance.

Locally Engaged Staff Determination 1999/06 *
*Public Service Act 1922*
Made	26/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Varies the termination payment for LES in Syria.

Locally Engaged Staff Determination 1999/07 *
*Public Service Act 1922*
Made	26/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Varies salary rates for LES in Argentina.

Public Service Determination 1999/1 *
*Public Service Act 1922*
Made	11/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Varies the Disturbance Allowance.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 82
*Civil Aviation Act 1988*
Made	8/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Permits regular public transport operations in other than high capacity aircraft.

Declaration of Pre-existing Capacity under s.54B of the *International Air Services Commission Act 1992* (Instrument No.M/JA2/99)
*International Air Services Commission Act 1992*
Made	9/03/99
Tabled	22/03/99 S		11/03/99 HR
Summary		Gives effect to existing allocations of Fifth Freedom Rights.

Exemption No.CASA 05/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	8/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Exempts a specified aircraft from certain requirements.

Exemption No.CASA 06/1999 under r.217 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	8/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Exempts a specified aircraft from certain requirements.

Exemption No.CASA 07/1999 under r.215 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	8/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Exempts a specified aircraft from certain requirements.

Exemption No.CASA 08/1999 under r.235 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	9/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Exempts a specified aircraft from certain requirements.

Instrument No.CASA 69/99 under r.207 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	18/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Provides for certain aircraft to fly when not equipped with a duplicate power supply to the left attitude indicator.

Instrument No.CASA 72/99 under r.207 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	19/03/99
Tabled	23/03/99 S		24/03/99 HR
Summary		Specifies the air flow requirement for nasal cannula type individual oxygen dispensing units.

International Air Services Policy Statement No.3 (Amendment) under s.11 of the *International Air Services Commission Act 1992* (Instrument No.JA/M22/99)
*International Air Services Commission Act 1992*
Made	9/03/99
Tabled	22/03/99 S		11/03/99 HR
Summary		Provides for the allocation of capacity to airlines to operate services directly between Australia and other countries.

Interpretation Act 1984 (W.A.) (C.I.) Amendment Ordinance 1999 (No.1) Territory of Christmas Island Ordinance No.2 of 1999
*Christmas Island Act 1958*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Make minor amendments.

Interpretation Amendment Ordinance 1999 (No.1) Territory of Christmas Island Ordinance No.1 of 1999
*Christmas Island Act 1958*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Make minor amendments.

Interpretation Act 1984 (W.A.) (C.K.I.) Amendment Ordinance 1999 (No.1) Territory of Cocos (Keeling) Islands Ordinance No.2 of 1999
*Cocos (Keeling) Islands Act 1955*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Make minor amendments.

Interpretation Amendment Ordinance 1999 (No.1) Territory of Cocos (Keeling) Islands Ordinance No.1 of 1999
*Cocos (Keeling) Islands Act 1955*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Make minor amendments.

Marine Orders, Part 32 – Cargo Handling Equipment, Issue 2 (Amendment) Marine Order No.7 of 1999
*Navigation Act 1912*
Made	5/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Prescribes conditions for cargo handling equipment.

Marine Orders, Part 52 – Sailing ships, Issue 2 Marine Order No.8 of 1999
*Navigation Act 1912*
Made	5/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Prescribes standards for Australian sailing ships and the safety of sail trainees.

DEPARTMENT OF THE TREASURY

Corporations Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.38
*Corporations Act 1989*
Made	17/03/99
Tabled	22/03/99 S		22/03/99 HR
Summary		Provide for contract notes and monthly statements to be provided in electronic form.

Corporations Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.47
*Corporations Act 1989*
Made	17/03/99
Tabled	25/03/99 S		24/03/99 HR
Summary		Make changes consequent upon amendments of the Corporations Law.

Prudential Rules No.30 - Variation of all Commissioner's Rules under s.252(1) of the *Life Insurance Act 1995*
*Life Insurance Act 1995*
Made	26/02/99
Tabled	25/03/99 S		25/03/99 HR
Summary		Makes changes consequent amendment of the enabling Act.

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