Monitor No.5 1998
DELEGATED LEGISLATION MONITOR
This week there were 15 disallowable instruments of delegated legislation
tabled in the Senate, made under seven separate enabling Acts administered
through seven Departments of State.
Of the 15 instruments, three 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 15 instruments, seven were made by the Governor-General or Ministers
and eight were made by public officials. Of the three sets of Statutory
Rules, all were made as amending instruments.
The Patents Regulations (Amendment), Statutory Rules 1998 No.56,
establish a new Professional Standards Board for Patent and Trade Marks
Attorneys. The Regulations provide for the appointment and term of office
of Board members, resignation and removal from office of members, the
quorum for meetings, the role of the Chairperson and transitional provisions.
The Federal Court of Australia Regulations (Amendment), Statutory
Rules 1998 No.55, provide that if a fee has been paid for mediation
in relation to a proceeding in the Court, the setting down fee is reduced
by the amount of the mediation fee. The background to the Regulations
is the Law and Justice Legislation Amendment Act 1997, which removed
the requirement that mediation be limited to cases where the parties consent,
with the result that the Court may now order parties to attend mediation
without their consent. There was some concern about such orders, which
require parties to pay a fee. Imposing a fee in these cases is against
general fee policy. Accordingly, if the mediation is not successful and
the matter proceeds to a hearing, the setting down fee will be discounted
by the mediation fee. This is consistent with general fee policy, under
which persons contribute to the services that they use.
The Electoral and Referendum Regulations (Amendment), Statutory Rules
1998 No.57, make changes to the schedule of Commonwealth agencies
that are entitled to receive information disclosing particulars of the
occupations, gender or dates of birth of electors.
The RHQ Company Determinations Nos 1-4 of 1998 determine that
named companies are regional headquarters companies for the purposes of
the enabling Act. RHQ companies may deduct certain business relocation
expenses from taxable income and are exempt from certain wholesale sales
tax. All four Determinations operate with substantial retrospectivity
although this has no detrimental effect on the company concerned.
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
6-8 APRIL 1998
Number of Instruments by Department
Number of Instruments made under Acts
ATTORNEY-GENERAL'S DEPARTMENT
Federal Court of Australia Regulations (Amendment)
DEPARTMENT OF FINANCE AND ADMINISTRATION
Electoral and Referendum Regulations (Amendment)
DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM
Patents Regulations (Amendment)
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Locally Engaged Staff Determinations 1998/12-1998/13
Public Service Determinations 1998/7-1998/9
DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT
Civil Aviation Orders, Part 20
DEPARTMENT OF THE TREASURY
RHQ Company Determinations Nos 1-4 of 1998
DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS
Defence Determinations 1998/14-1998/15
DELEGATED LEGISLATION TABLED IN THE SENATE
6-8 APRIL 1998
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Attorney-General's |
1
|
| Communications and the Arts |
0
|
| Defence |
0
|
| Employment, Education, Training and Youth
Affairs |
0
|
| Environment |
0
|
| Finance and Administration |
1
|
| Foreign Affairs and Trade |
0
|
| Health and Family Services |
0
|
| Immigration and Multicultural Affairs |
0
|
| Industry, Science and Tourism |
1
|
| Primary Industries and Energy |
0
|
| Prime Minister and Cabinet |
5
|
| Social Security |
0
|
| Transport and Regional Development |
1
|
| Treasury |
4
|
| Veterans' Affairs |
0
|
| Workplace Relations and Small Business |
2
|
| |
|
| Total |
15
|
DELEGATED LEGISLATION TABLED IN THE SENATE
6-8 APRIL 1998
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE
UNDER EACH ACT
| Civil Aviation Act 1988 |
1
|
| Commonwealth Electoral Act 1918 |
1
|
| Defence Act 1903 |
2
|
| Federal Court of Australia Act 1976 |
1
|
| Income Tax Assessment Act 1936 |
4
|
| Patents Act 1990 |
1
|
| Public Service Act 1922 |
5
|
| |
|
| Total |
15
|
ATTORNEY-GENERAL'S DEPARTMENT
Federal Court of Australia Regulations (Amendment)
Statutory Rules 1998 No.55
Federal Court of Australia Act 1976
| Made |
1/04/98 |
|
| Tabled |
8/04/98 S |
9/04/98 HR |
| |
|
|
| Summary |
Vary the setting down fee. |
DEPARTMENT OF FINANCE AND ADMINISTRATION
Electoral and Referendum Regulations (Amendment)
Statutory Rules 1998 No.57
Commonwealth Electoral Act 1918
| Made |
1/04/98 |
|
| Tabled |
8/04/98 S |
9/04/98 HR |
| |
|
|
| Summary |
Specifies certain departments
as prescribed authorities for the release of confidential electoral
data. |
DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM
Patents Regulations (Amendment)
Statutory Rules 1998 No.56
Patents Act 1990
| Made |
1/04/98 |
|
| Tabled |
8/04/98 S |
9/04/98 HR |
| |
|
|
| Summary |
Create a new Professional Standards
Board for Patent and Trade Marks Attorneys. |
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.)
Locally Engaged Staff Determination 1998/12**
Public Service Act 1922
| Made |
24/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Varies salary rates for LES
in Venezuela. |
Locally Engaged Staff Determination 1998/13**
Public Service Act 1922
| Made |
24/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Varies salary rates for LES
in Egypt. |
Public Service Determination 1998/7*
Public Service Act 1922
| Made |
5/03/98 |
|
| Tabled |
6/04/98 S |
2/04/98 HR |
| |
|
|
| Summary |
Provides for aspects of the
consolidation of domestic pay and conditions for the Australian Public
Service. |
Public Service Determination 1998/8*
Public Service Act 1922
| Made |
5/03/98 |
|
| Tabled |
6/04/98 S |
2/04/98 HR |
| |
|
|
| Summary |
Amends the schedule of supplementary
allowances. |
Public Service Determination 1998/9*
Public Service Act 1922
| Made |
18/03/98 |
|
| Tabled |
6/04/98 S |
2/04/98 HR |
| |
|
|
| Summary |
Varies education assistance
conditions for officers in the United States of America. |
DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT
Civil Aviation Orders, Part 20
Civil Aviation Act 1988
| Made |
31/03/98 |
|
| Tabled |
8/04/98 S |
7/04/98 HR |
| |
|
|
| Summary |
Excludes all aircraft designed
for agricultural operations from the requirements relating to recording
systems. |
DEPARTMENT OF THE TREASURY
RHQ Company Determination No.1 of 1998 under s.82CE(1) of the Income
Tax Assessment Act 1936
Income Tax Assessment Act 1936
| Made |
22/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Determines that Fujitsu Australia
Limited is an RHQ company for the purposes of the Act. |
RHQ Company Determination No.2 of 1998 under s.82CE(1) of the Income
Tax Assessment Act 1936
Income Tax Assessment Act 1936
| Made |
22/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Determines that Parmalat Australia
Pty Limited is an RHQ company for the purposes of the Act. |
RHQ Company Determination No.3 of 1998 under s.82CE(1) of the Income
Tax Assessment Act 1936
Income Tax Assessment Act 1936
| Made |
22/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Determines that Montell Australia
Pty Ltd is an RHQ company for the purposes of the Act. |
RHQ Company Determination No.4 of 1998 under s.82CE(1) of the Income
Tax Assessment Act 1936
Income Tax Assessment Act 1936
| Made |
22/03/98 |
|
| Tabled |
6/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Determines that Intergraph
Asia Pacific Inc. is an RHQ company for the purposes of the Act. |
DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS
(Under the Administrative Arrangements Order, sections 58A to 58Q of
the Defence Act, under which the Defence Determinations below are made,
are administered by the Minister for Workplace Relations and Small Business.)
Defence Determination 1998/14
Defence Act 1903
| Made |
31/03/98 |
|
| Tabled |
7/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Provides for Living Out Away
from Home Allowance. |
Defence Determination 1998/15
Defence Act 1903
| Made |
3/04/98 |
|
| Tabled |
7/04/98 S |
6/04/98 HR |
| |
|
|
| Summary |
Makes procedural changes to
provisions for compensation for death or injury for members of the
ADF. |
Table of Contents