Monitor No. 13 1998
DELEGATED LEGISLATION MONITOR
This week there were 23 disallowable instruments of delegated legislation
tabled in the Senate, made under 18 separate enabling Acts administered
through seven Departments of State.
Of the 23 instruments, eight 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 23 instruments, 13 were made by the Governor-General or Ministers
and 10 were made by public officials. Of the eight sets of Statutory Rules,
one was made as a principal instrument and seven as amending instruments.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
30 NOVEMBER – 3 DECEMBER 1998
Number of Instruments by Department
Number of Instruments made under Acts
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Fishing Levy Regulations 1998
Primary Industries Levies and Charges Collection (Strawberries) Amendment
Regulations 1998 (No.1)
Primary Industries Levies and Charges (National Residue Survey Levies)
Amendment Regulations 1998 (No.3)
Temporary Order No.2 – Ban on Fishing for Pilchards
ATTORNEY-GENERAL’S DEPARTMENT
Evidence and Procedure (New Zealand) Amendment Regulations 1998 (No.1)
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
Determination No.T22 of 1998 under section 15 of the Higher Education
Funding Act 1988
DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1998 (No.2)
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
Patents Amendment Regulations 1998 (No.8)
Review of Decision Instruments of Approval Nos 40-43 of 1998 under section
269ZXA of the Customs Act 1901
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Air Navigation Amendment Regulations 1998 (No.1)
Airports Amendment Regulations 1998 (No.6)
Business Franchise (Tobacco) Amendment Regulations 1998 (W.A.) (C.I.)
Amendment Regulations 1998 (No.1), Territory of Christmas Island Regulations
1998 No.1
Business Franchise (Tobacco) Amendment Regulations 1998 (W.A.) (C.K.I.)
Amendment Regulations 1998 (No.1), Territory of Cocos (Keeling) Islands
Regulations 1998 No.1
Civil Aviation Orders, Part 40
Exemption No.CASA 43/1998 under regulation 89ZD of the Civil Aviation
Regulations
Instrument No.CASA 476/98 under regulation 207 of the Civil Aviation
Regulations
Liquor Licensing Regulations 1989 (W.A.) (C.I.) Amendment Regulations
1998 (No.1)
Territory of Christmas Island Regulations 1998 No.2
Liquor Licensing Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations
1998 (No.1)
Territory of Cocos (Keeling) Islands Regulations 1998 No.2
DEPARTMENT OF THE TREASURY
Accounting Standard AASB 1038: Life Insurance Business
Currency Determination No.7 of 1998
DELEGATED LEGISLATION TABLED IN THE SENATE
30 NOVEMBER – 3 DECEMBER 1998
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Agriculture, Fisheries and Forestry |
4
|
| Attorney-General’s |
1
|
| Communications, Information Technology
and the Arts |
0
|
| Defence |
0
|
| Education, Training and Youth Affairs |
1
|
| Employment, Workplace Relations and Small
Business |
0
|
| Environment and Heritage |
0
|
| Family and Community Services |
0
|
| Finance and Administration |
0
|
| Foreign Affairs and Trade |
1
|
| Health and Aged Care |
0
|
| Immigration and Multicultural Affairs |
0
|
| Industry, Science and Resources |
5
|
| Prime Minister and Cabinet |
0
|
| Transport and Regional Services |
9
|
| Treasury |
2
|
| Veterans’ Affairs |
0
|
| |
|
| Total |
23
|
DELEGATED LEGISLATION TABLED IN THE SENATE
30 NOVEMBER – 3 DECEMBER 1998
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE
UNDER EACH ACT
| Air Navigation Act 1920 |
1
|
| Airports Act 1996 |
1
|
| Christmas Island Act 1958 |
2
|
| Civil Aviation Act 1988 |
3
|
| Cocos (Keeling) Islands Act 1955 |
2
|
| Corporations Act 1989 |
1
|
| Currency Act 1965 |
1
|
| Customs Act 1901 |
4
|
| Evidence and Procedure (New Zealand)
Act 1994 |
1
|
| Fisheries Management Act 1991 |
2
|
| Fishing Levy Act 1991 |
1
|
| Higher Education Funding Act 1988 |
1
|
| Horticultural Levy Act 1987 |
1
|
| National Residue Survey (Customs) Levy
Act 1998 |
1
|
| National Residue Survey (Excise) Levy
Act 1998 |
1
|
| Nuclear Non-Proliferation (Safeguards)
Act 1987 |
1
|
| Patents Act 1990 |
1
|
| Primary Industries Levies and Charges
Collection Act 1991 |
1
|
| |
|
| Total |
26
|
(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.)
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Fishing Levy Regulations 1998
Statutory Rules 1998 No.314 |
Fishing Levy Act 1991
Fisheries Management Act 1991 |
| Made |
24/11/98 |
| Tabled |
30/11/98 S |
26/11/98 HR |
| Summary |
Specify the amount of levy
imposed in respect of fishing concessions. |
| |
Primary Industries Levies and Charges
Collection (Strawberries) Amendment Regulations 1998 (No.1)
Statutory Rules 1998 No.315 |
Primary Industries and Charges Collection
Act 1991
Horticultural Levy Act 1987 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Vary the collection arrangements
for the strawberry levy. |
| |
Primary Industries Levies and Charges
(National Residue Survey Levies) Amendment Regulations 1998 (No.3)
Statutory Rules 1998 No.316 |
National Residue Survey (Customs)
Levy Act 1998
National Residue Survey (Excise) Levy Act 1998 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Vary the rate of levy on horse
slaughter for human consumption. |
| |
| Temporary Order No.2 - Ban on Fishing
for Pilchards under s.43(2) of the Fisheries Management
Act 1991 |
| Fisheries Management Act 1991 |
| Made |
30/10/98 |
| Tabled |
2/12/98 S |
2/12/98 HR |
| Summary |
Bans the fishing for pilchards
for use as bait for tuna fishing. |
| |
ATTORNEY-GENERAL’S DEPARTMENT
Evidence and Procedure (New Zealand)
Amendment Regulations 1998 (No.1)
Statutory Rules 1998 No.317 |
| Evidence and Procedure (New Zealand)
Act 1994 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Enable the Supreme Court of
Tasmania to obtain evidence from New Zealand by video link or telephone. |
| |
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
| Determination No.T22 of 1998 under s.15
of the Higher Education Funding Act 1988 |
| Higher Education Funding Act 1988 |
| Made |
26/11/98 |
| Tabled |
1/12/98 S |
1/1298 HR |
| Summary |
Revises the level of base operating
grants in 1998 for the University of Wollongong and Queensland University
of Technology. |
| |
DEPARTMENT OF FOREIGN AFFAIRS AND TRADE
Nuclear Non-Proliferation (Safeguards)
Amendment Regulations 1998 (No.2)
Statutory Rules 1998 No.318 |
| Nuclear Non-Proliferation (Safeguards)
Act 1987 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Prescribe the amount of charge
payable by a producer of uranium. |
| |
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
Patents Amendment Regulations 1998 (No.8)
Statutory Rules 1998 No.319 |
| Patents Act 1990 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Make amendments consequent
upon the Intellectual Property Laws Amendment Act 1998. |
| |
| Review of Decision Instrument of Approval
No.40 of 1998 under s.269ZXA of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
30/11/98 |
| Tabled |
2/12/98 S |
1/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Review of Decision Instrument of Approval
No.41 of 1998 under s.269ZXA of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
30/11/98 |
| Tabled |
2/12/98 S |
1/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Review of Decision Instrument of Approval
No.42 of 1998 under s.269ZXA of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
30/11/98 |
| Tabled |
2/12/98 S |
1/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Review of Decision Instrument of Approval
No.43 of 1998 under s.269ZXA of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
30/11/98 |
| Tabled |
2/12/98 S |
1/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Air Navigation Amendment Regulations
1998 (No.1)
Statutory Rules 1998 No.321 |
| Air Navigation Act 1920 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Provide for aviation security
matters. |
| |
Airports Amendment Regulations 1998
(No.6)
Statutory Rules 1998 No.320 |
| Airports Act 1996 |
| Made |
24/11/98 |
| Tabled |
1/12/98 S |
26/11/98 HR |
| Summary |
Provide for the title particulars
of land annexed to Sydney Airport. |
| |
Business Franchise (Tobacco) Amendment
Regulations 1989 (W.A.) (C.I.) Amendment Regulations 1998 (No.1)
Territory of Christmas Island Regulations 1998 No.1 |
| Christmas Island Act 1958 |
| Made |
8/11/98 |
| Tabled |
1/12/98 S |
30/11/98 HR |
| Summary |
Make changes in relation to
new arrangements for State and Territory franchise fees. |
| |
Business Franchise (Tobacco) Amendment
Regulations 1989 (W.A.) (C.K.I.) Amendment Regulations 1998 (No.1)
Territory of Cocos (Keeling) Islands Regulations 1998 No.1 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
8/11/98 |
| Tabled |
1/12/98 S |
30/11/98 HR |
| Summary |
Make changes in relation to
new arrangements for State and Territory franchise fees. |
| |
| Civil Aviation Orders, Part 40 |
| Civil Aviation Act 1988 |
| Made |
30/11/98 |
| Tabled |
2/12/98 S |
1/12/98 HR |
| Summary |
Makes various changes concerning
endorsements for aeroplanes, helicopters and airships. |
| |
| Exemption No.CASA 43/1998 under
r.89ZD of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
26/11/98 |
| Tabled |
30/11/98 S |
30/11/98 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
| Instrument No.CASA 476/98 under
r.207 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
26/11/98 |
| Tabled |
3/12/98 S |
3/12/98 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
Liquor Licensing Regulations 1989 (W.A.)
(C.I.) Amendment Regulations 1998 (No.1)
Territory of Christmas Island Regulations 1998 No.2 |
| Christmas Island Act 1958 |
| Made |
8/11/98 |
| Tabled |
1/12/98 S |
30/11/98 HR |
| Summary |
Make changes in relation to
new arrangements for State and Territory franchise fees. |
| |
Liquor Licensing Regulations 1989 (W.A.)
(C.K.I.) Amendment Regulations 1998 (No.1)
Territory of Cocos (Keeling) Islands Regulations 1998 No.2 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
8/11/98 |
| Tabled |
1/12/98 S |
30/11/98 HR |
| Summary |
Make changes in relation to
new arrangements for State and Territory franchise fees. |
| |
DEPARTMENT OF THE TREASURY
| Accounting Standard AASB 1038: Life
Insurance Business |
| Corporations Act 1989 |
| Made |
17/11/98 |
| Tabled |
30/11/98 S |
26/11/98 HR |
| Summary |
Establishes accounting standards
for life insurance business. |
| |
| Currency Determination No.7 of 1998
under s.13A(1) of the Currency Act 1965 |
| Currency Act 1965 |
| Made |
18/11/98 |
| Tabled |
30/11/98 S |
30/11/98 HR |
| Summary |
Specifies design and characteristics
of several coins. |
| |
Table of Contents