Monitor No.10 1998

DELEGATED LEGISLATION MONITOR

This week there were 69 disallowable instruments of delegated legislation tabled in the Senate, made under 35 separate enabling Acts administered through 12 Departments of State.

Of the 69 instruments, 28 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 69 instruments, 43 were made by the Governor-General or Ministers and 26 were made by public officials. Of the 28 sets of Statutory Rules, 6 were made as principal instruments and 22 as amending instruments.

The Telecommunications (Customer Service Guarantee) Direction No.1 of 1997 (Amendment No.1 of 1998) provides for performance standards and a scale of damages to which carriage service providers will be subject in relation to connection, fault rectification and the making of appointments for the standard telephone service. The instrument implements a decision of the government to increase incrementally the scale of damages for delay in new standard telephone service connections and fault rectification, following a report by the Senate Environment, Recreation, Communications and the Arts Committee.

The Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998, Statutory Rules 1998 No.180, provide details of the universal service obligation established by the enabling Act, which is intended to ensure that all people in Australia, wherever they live or carry on business, have reasonable access on an equitable basis to standard telephone services, payphones and prescribed carriage services. The Explanatory Statement for the instrument advises that "eligible revenue" is a key concept in the operation of the scheme and that the regulations explain how to calculate this. The regulations rely on an unusual provision in the enabling Act, under which they may incorporate matter contained in any other written instrument or writing whatever, in force or existing at a particular time or from time to time, even if the other instrument does not yet exist when the instrument under the Act is made.

Recent amendments of the Health Insurance Act 1973 make it an offence for a medical practitioner to charge a public patient or to receive payment for a public hospital service in circumstances as set out in the regulations. The Health Insurance Regulations (Amendment), Statutory Rules 1998 No.220, provide that such circumstances include delivering a baby in a public hospital for a public patient.

The Explanatory Statement for the Health Insurance Regulations (Amendment), Statutory Rules 1998 No.204, advises that one of the major complaints about private health insurance is the time-consuming and frustrating payments systems, which tends to result in private patients tracking dozens of bills. There is also the problem of unpredictable and sometimes large associated out-of-pocket costs. These factors contribute to a perception that private health insurers do not provide good value for money. The regulations provide for aspects of simplified billing, which is intended to help alleviate this problem. Similarly, the Health Insurance (Approval of Billing Agents) Guidelines 1998 and the Health Insurance (Billing Agents – Conditions of Approval) Determination 1998 are both intended to implement aspects of a policy to minimise the number of bills which privately insured patients receive after an episode of hospital treatment.

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

6-11 JULY 1998

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL'S DEPARTMENT

Administrative Appeals Tribunal Regulations (Amendment)

Family Law Regulations (Amendment)

National Native Title Tribunal Regulations (Amendment)

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Telecommunications (Customer Service Guarantee) Direction No.1 of 1997 (Amendment No.1 of 1998)

Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998

DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.1998/2 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973

Guidelines No.T16 of 1998 under section 26 of the Higher Education Funding Act 1988

Guidelines No.T17 of 1998 under section 27 of the Higher Education Funding Act 1988

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (Productivity Benefit) Penalty Interest Determination (Amendment)

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Allocation Amendment Principles (No.1) 1998

Determination No.HIG4/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Health Insurance (1997-98 Pathology Services Table) Regulations (Amendment)

Health Insurance (Approval of Billing Agents) Guidelines 1998

Health Insurance (Billing Agents – Conditions of Approval) Determination 1998

Health Insurance Regulations (Amendment)

New Nursing Homes Principles 1992 (Determination No.97/98 ACC 20) under subsection 54(1) of the National Health Act 1953

Two Way Agency Determination 1998

Upgrading of Nursing Homes Principles 1993 (Determination No.97/98 ACC 21) under section 58CD of the National Health Act 1953

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Regulations (Amendment)

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Customs (Prohibited Exports) Regulations (Amendment)

Customs Regulations (Amendment)

Instruments of Approval Nos 6-19, 21 and 22 of 1998 under section 4A of the Customs Act 1901

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998

Dairy Produce Levy Regulations (Amendment)

Export Control (Fees) Orders (Amendment), Export Control Orders No.2 of 1998

Fisheries Management (South East Trawl Fishery) Regulations

Fishing Levy Regulations (Amendment)

Laying Chicken Levy Regulations (Amendment)

Order Nos L17/98, L18/98 and M80/98 under section 68 of the Meat and Live-stock Industry Act 1995

Rice Levy Specification No.1 of 1998

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Locally Engaged Staff Determination 1998/29

Regional Council Election Amendment Rules (No.1) 1998 under section 113 of the Aboriginal and Torres Strait Islander Commission Act 1989

Senior Executive Service Retirement on Benefit Determination 1998/53-1998/54

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Airports (Control of On-Airport Activities) Regulations (Amendment)

Airports (Environment Protection) Regulations (Amendment)

Airports Regulations (Amendment)

Airports (Transitional) Regulations 1998

Applied Laws (Implementation) (Amendment) Ordinance 1998, Territory of Cocos (Keeling) Islands Ordinance 1998

Casino Control (Amendment) Ordinance 1998, Territory of Christmas Island Ordinance No.3 of 1998

Civil Aviation Regulations (Amendment)

Exemption No.CASA 26/98 under regulation 235 of the Civil Aviation Regulations

DEPARTMENT OF THE TREASURY

Australian Prudential Regulation Authority Regulations 1998

Banking (Statistics) Regulations (Amendment)

Banks (Shareholdings) Regulations (Amendment)

Currency Determination No.5 of 1998

Financial Sector Reform (Amendments and Transitional Provisions) Regulations 1998

Life Insurance Regulations (Amendment)

Sales Tax Assessment Regulations (Amendment)

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determinations Nos 1998/24-1998/25

DELEGATED LEGISLATION TABLED IN THE SENATE

6-11 JULY 1998

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Attorney-General's	3
Communications and the Arts	2
Defence	0
Employment, Education, Training and Youth Affairs	3
Environment	0
Finance and Administration	1
Foreign Affairs and Trade	0
Health and Family Services	10
Immigration and Multicultural Affairs	2
Industry, Science and Tourism	18
Primary Industries and Energy	10
Prime Minister and Cabinet	4
Social Security	0
Transport and Regional Development	8
Treasury	7
Veterans' Affairs	0
Workplace Relations and Small Business	2
Total	70

DELEGATED LEGISLATION TABLED IN THE SENATE

6-11 JULY 1998

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

Aboriginal and Torres Strait Islander Commission Act 1989	1
Administrative Appeals Tribunal Act 1975	1
Aged Care Act 1997	1
Airports Act 1996	3
Airports (Transitional) Act 1996	1
Australian Meat and Live-stock Industry Act 1997	1
Australian Prudential Regulation Authority Act 1998	1
Banking Act 1959	1
Banks (Shareholdings) Act 1972	1
Christmas Island Act 1958	1
Civil Aviation Act 1988	2
Cocos (Keeling) Islands Act 1955	1
Currency Act 1965	1
Customs Act 1901	18
Dairy Produce Levy (No.1) Act 1986	1
Defence Act 1903	2
Export Control Act 1982	1
Family Law Act 1975	1
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998	1
Fisheries Management Act 1991	2
Fishing Levy Act 1991	1
Health Insurance Act 1973	5
Health Insurance Commission Act 1973	1
Higher Education Funding Act 1988	2
Laying Chicken Levy Act 1988	1
Life Insurance Act 1995	1
Meat and Live-stock Industry Act 1995	3
Migration Act 1958	2
National Health Act 1953	3
Native Title Act 1993	1
Public Service Act 1922	3
Rice Levy Act 1991	1
Sales Tax Assessment Act 1992	1
Student Assistance Act 1973	1
Superannuation (Productivity Benefit) Act 1988	1
Telecommunications Act 1997	2
Total	71

(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.)

ATTORNEY-GENERAL'S DEPARTMENT

Administrative Appeals Tribunal Regulations (Amendment)

Statutory Rules 1998 No.223

Administrative Appeals Tribunal Act 1975

Made	30/06/98
Tabled	11/07/98 S	15/07/98 HR

Summary	Vary the prescribed contract limit.

Family Law Regulations (Amendment)

Statutory Rules 1998 No.222

Family Law Act 1975

Made	30/06/98
Tabled	11/07/98 S	15/07/98 HR

Summary	Vary the prescribed contract limit.

National Native Title Tribunal Regulations (Amendment)

Statutory Rules 1998 No.221

Native Title Act 1993

Made	30/06/98
Tabled	11/07/98 S	15/07/98 HR

Summary	Vary the prescribed contract limit.

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Telecommunications (Customer Service Guarantee) Direction No.1 of 1997 (Amendment No.1 of 1998) under s.242 of the Telecommunications Act 1997

Telecommunications Act 1997

Made	29/06/98
Tabled	7/07/98 S	15/07/98 HR

Summary	Amends the provisions regarding contraventions and damages.

Telecommunications Universal Service Obligation (Eligible Revenue) Regulations 1998

Statutory Rules 1998 No.180

Telecommunications Act 1997

Made	30/06/98
Tabled	6/07/98 S	2/07/98 HR

Summary	Set out eligible revenue for the purposes of the Act.

DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.1998/2 – Determination of Education Institutions and Courses under subsections 3(1) and 5D(1) of the Student Assistance Act 1973

Student Assistance Act 1973

Made	23/06/98
Tabled	6/07/98 S	2/07/98 HR

Summary	Describes the types of education institutions for the purposes of the Act and the conditions under which institutions are approved.

Guidelines No.T16 of 1998 under s.26 of the Higher Education Funding Act 1988

Higher Education Funding Act 1988

Made	23/06/98
Tabled	8/07/98 S	15/07/98 HR

Summary	Defines the criteria for non-building capital project proposals.

Guidelines No.T17 of 1998 under s.27 of the Higher Education Funding Act 1988

Higher Education Funding Act 1988

Made	23/06/98
Tabled	8/07/98 S	15/07/98 HR

Summary	Defines the criteria for financial assistance proposals to higher education institutions.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (Productivity Benefit) Penalty Interest Determination (Amendment)

Statutory Rules 1998 No.201

Superannuation (Productivity Benefit) Act 1988

Made	22/06/98
Tabled	6/07/98 S	2/07/98 HR

Summary	Provide the formula used to calculate penalty interest during the 1998-99 financial year.

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Allocation Amendment Principles (No.1) 1998 under s.96-1(1) of the Aged Care Act 1997

Aged Care Act 1997

Made	29/06/98
Tabled	6/07/98 S	2/07/98 HR

Summary	Provides for the quality of aged care premises.

Determination No.HIG4/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

National Health Act 1953

Made	24/06/98
Tabled	6/07/98 S	15/07/98 HR

Summary	Sets out the minimum levels of benefit payable for a range of hospital treatments.

Health Insurance (1997-98 Pathology Services Table) Regulations (Amendment)

Statutory Rules 1998 No.203