Monitor No.4 1998

DELEGATED LEGISLATION MONITOR

This week there were 33 disallowable instruments of delegated legislation tabled in the Senate, made under 14 separate enabling Acts administered through 11 Departments of State.

Of the 33 instruments, two 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 33 instruments, ten were made by the Governor-General or Ministers and 23 were made by public officials. Of the two sets of Statutory Rules, one was made as a principal instrument and one as an amending instrument.

The Migration Agents Regulations 1998, Statutory Rules 1998 No.53, provide for the regulation of migration agents, including qualifications, continuing professional development, complaints and a code of conduct.

The Child Disability Assessment Determination 1998 provides for a test for assessing and a method of rating a young person’s functional ability, emotional state, behaviour and special care needs to determine whether the young person is a disabled child for qualification for the child disability allowance.

The Carrier Licence Conditional (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 1998) provides for an interim carrier licence condition requiring Telstra to provide local number portability to Optus by 1 May 1998, which will allow customers wishing to change carriers or carriage service providers to retain their existing telephone number.

The Remuneration Tribunal Determination No.8 of 1998 provides for travelling allowance for Ministers, parliamentary office holders, Senators and Members of the House of Representatives. The matters considered by the Tribunal in making the Determination included vouching, the Canberra allowance, private and commercial accommodation, capital city rates, timeframe for claims, transportation, single administration and transparency and accountability. The Remuneration Tribunal Determination No.9 of 1998 provides for the reimbursement of travelling expenses of Parliamentary Secretaries.

The Manufacturing in Bond (MiB): Business Plan Outline provides that applicants for an MiB licence must submit a business plan which demonstrates a clear intent to use Australia as an export base and that manufacturing in bond is important in achieving that aim.

The Accounting Standard AASB 1019: Inventories was made by the Australian Accounting Standards Board as part of a program to achieve greater harmony between Australian accounting standards and those of the International Accounting Standards Committee.

The Lists of Acts of the Western Australian Parliament in their application to Christmas Island and the Cocos (Keeling) Islands are tabled every six months and indicate the Western Australian Acts which apply in each Territory which come into effect during that period.

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

30 MARCH - 3 APRIL 1998

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.1 of 1998)

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.2 of 1998)

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.3 of 1998)

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 1998)

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determinations Nos 8-11 of 1998

Twelfth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons under s.5 of the Superannuation Act 1990

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Declaration No.PB 5 of 1998 under subsection 85(2) of the National Health Act 1953

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Agents Regulations 1998

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Manufacturing in Bond (MiB): Business Plan Outline under the Customs Act 1901

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment)

Pasture Seed Levy Declaration No.1 of 1998

DEPARTMENT OF SOCIAL SECURITY

Child Disability Assessment Determination 1998

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

List of Acts of the Western Australian Parliament under section 8B of the Christmas Island Act 1958

List of Acts of the Western Australian Parliament under section 8B of the Cocos (Keeling) Islands Act 1955

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1019: Inventories

DEPARTMENT OF VETERANS' AFFAIRS

Determination of Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 (2)

Determination of Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 (2)

Revocation and Determination of Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 (4)

Revocation and Determination of Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 (4)

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determinations 1998/11-1998/13

DELEGATED LEGISLATION TABLED IN THE SENATE

30 MARCH - 3 APRIL 1998

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Attorney-General's	0
Communications and the Arts	4
Defence	0
Employment, Education, Training and Youth Affairs	0
Environment	0
Finance and Administration	5
Foreign Affairs and Trade	0
Health and Family Services	1
Immigration and Multicultural Affairs	1
Industry, Science and Tourism	1
Primary Industries and Energy	2
Prime Minister and Cabinet	0
Social Security	1
Transport and Regional Development	2
Treasury	1
Veterans' Affairs	12
Workplace Relations and Small Business	3

Total	33

DELEGATED LEGISLATION TABLED IN THE SENATE

30 MARCH - 3 APRIL 1998

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

Broadcasting Services Act 1992	3
Christmas Island Act 1958	1
Cocos (Keeling) Islands Act 1955	1
Corporations Act 1989	1
Customs Act 1901	1
Defence Act 1903	3
Export Control Act 1982	1
Migration Act 1958	1
National Health Act 1953	1
Pasture Seed Levy Act 1989	1
Remuneration Tribunal Act 1973	4
Social Security Act 1991	1
Superannuation Act 1990	1
Telecommunications Act 1997	1
Veterans' Entitlements Act 1986	12

Total	33

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.1 of 1998) under s.115(2) of the Broadcasting Services Act 1992

Broadcasting Services Act 1992

Made	4/02/98
Tabled	31/03/98 S	31/03/98 HR

Summary	Amends the list of events broadcast free to the general public.

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.2 of 1998) under s.115(2) of the Broadcasting Services Act 1992

Broadcasting Services Act 1992

Made	4/02/98
Tabled	31/03/98 S	31/03/98 HR

Summary	Amends the list of events broadcast free to the general public.

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.3 of 1998) under s.115(2) of the Broadcasting Services Act 1992

Broadcasting Services Act 1992

Made	3/02/98
Tabled	31/03/98 S	31/03/98 HR

Summary	Amends the list of events broadcast free to the general public.

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No.1 of 1998) under s.63(5) of the Telecommunications Act 1997

Telecommunications Act 1997

Made	28/02/98
Tabled	30/03/98 S	31/03/98 HR

Summary	Imposes interim licence conditions requiring Telstra to provide local number portability to Optus.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Remuneration Tribunal Determination No.8 of 1998

Remuneration Tribunal Act 1973

Made	27/02/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Determines allowances payable to Members of Parliament.

Remuneration Tribunal Determination No.9 of 1998

Remuneration Tribunal Act 1973

Made	27/02/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Determines allowances payable to Members of Parliament.

Remuneration Tribunal Determination No.10 of 1998

Remuneration Tribunal Act 1973

Made	27/02/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Determines allowances payable to Members of Parliament.

Remuneration Tribunal Determination No.11 of 1998

Remuneration Tribunal Act 1973

Made	27/02/98
Tabled	2/04/98 S	2/04/98 HR

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

Twelfth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons under s.5 of the Superannuation Act 1990

Superannuation Act 1990

Made	25/03/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Amend the Trust Deed and rules for the administration of the PSS Scheme.

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Declaration No.PB 5 of 1998 under s.85(2) of the National Health Act 1953

National Health Act 1953

Made	12/03/98
Tabled	1/04/98 S	31/03/98 HR

Summary	Amends the list of drugs and medicinal preparations available as pharmaceutical benefits.

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Agents Regulations 1998

Statutory Rules 1998 No.53

Migration Act 1958

Made	1/04/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Provide for the registration of migration agents.

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Manufacturing in Bond (MiB): Business Plan Outline under the Customs Act 1901

Customs Act 1901

Made	18/03/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Prescribes an approved form which sets out the information required in applying for manufacture in bond.

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Export Control (Hardwood Wood Chips) (1996) Regulations (Amendment)

Statutory Rules 1998 No.54

Export Control Act 1982

Made	27/03/98
Tabled	2/04/98 S	2/04/98 HR

Summary	Provide for export licensing arrangements for woodchips.

Pasture Seed Levy Declaration No.1 of 1998 under s.9(1) of the Pasture Seed Levy Act 1989

Pasture Seed Levy Act 1989

Made	26/03/98
Tabled	1/04/98 S	31/03/98 HR

Summary	Varies the levy for pasture seeds.

DEPARTMENT OF SOCIAL SECURITY

Child Disability Assessment Determination 1998 under s.952A of the Social Security Act 1991

Social Security Act 1991

Made	25/03/98
Tabled	31/03/98 S	31/03/98 HR

Summary	Provides for assessment for the purposes of payment of the child disability allowance.

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

List of Acts of the Western Australian Parliament under s.8B of the Christmas Island Act 1958

Christmas Island Act 1958

Made	20/03/98
Tabled	2/04/98 S	1/04/98 HR

Summary	Lists Western Australian Acts in their application to the Territory of Christmas Island.

List of Acts of the Western Australian Parliament under s.8B of the Cocos (Keeling) Islands Act 1955

Cocos (Keeling) Islands Act 1955

Made	20/03/98
Tabled	2/04/98 S	1/04/98 HR

Summary	Lists Western Australian Acts in their application to the Territory of Cocos (Keeling) Islands.

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1019: Inventories

Corporations Act 1989

Made	25/03/98
Tabled	1/04/98 S	31/03/98 HR

Summary	Establishes accounting standards for inventories.

DEPARTMENT OF VETERANS' AFFAIRS

Determination of Statement of Principles under s.196B(2) of the Veterans' Entitlements Act 1986

Instrument No.13 of 1998