Monitor No. 14 1998
DELEGATED LEGISLATION MONITOR
This week there were 37 disallowable instruments of delegated legislation
tabled in the Senate, made under 17 separate enabling Acts administered
through 13 Departments of State.
Of the 37 instruments, five 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 37 instruments, 16 were made by the Governor-General or Ministers
and 21 were made by public officials. Of the five sets of Statutory Rules,
one was made as a principal instrument and four as amending instruments.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
7 – 10 DECEMBER 1998
Number of Instruments by Department
Number of Instruments made under Act
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export
to the European Union) Order 1998, Meat and Live-stock Export Order No.MQ2/98
Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Performance
Recording – Exports) Order 1998, Meat and Live-stock Export Order
No.MQ1/98
Export Control (Fees) Orders (Amendment), Export Control Orders No.3
of 1998
Loan (Income Equalization Deposits) Amendment Regulations 1998 (No.1)
ATTORNEY-GENERAL’S DEPARTMENT
Federal Court Amendment Rules 1998 (No.3)
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Film Licensed Investment Company (Application) Rules 1998
Film Licensed Investment Company (Criteria and Procedures) Determination
1998
Radiocommunications Licence Conditions (Maritime Coast Licence) Determination
1998
DEPARTMENT OF DEFENCE
Defence Determinations 1998/39-1998/41
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
Determination No.T24 of 1998 under section 15 of the Higher Education
Funding Act 1988
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Child Care (High Need Regions) Amendment Determination 1998 (No.1)
DEPARTMENT OF FINANCE AND ADMINISTRATION
Remuneration Tribunal Determinations Nos 23-24 of 1998
DEPARTMENT OF HEALTH AND AGED CARE
Accountability Principles 1998
Accreditation Grant Principles 1998
Classification Amendment Principles 1998 (No.1)
Committee Amendment Principles 1998 (No.1)
Flexible Care Subsidy Amendment Principles 1998 (No.1)
Health Insurance Determination HS/4/1998
Quality of Care Amendment Principles (No.1) 1998
Residential Care Subsidy Amendment Principles 1998 (No.2)
User Rights Amendment Principles 1998 (No.1)
DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS
Migration Amendment Regulations 1998 (No.12)
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
Instruments of Approval Nos 40-43 of 1998 under section 4A of the Customs
Act 1901
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Carriage of Goods by Sea Regulations 1998 (No.2)
DEPARTMENT OF THE TREASURY
Income Tax (Farm Management Deposits) Regulations 1998
DEPARTMENT OF VETERANS’ AFFAIRS
Determination of Statements of Principles under section 196B of the Veterans’
Entitlements Act 1986 (2)
Revocation and Determination of Statements of Principles under section
196B of the Veterans’ Entitlements Act 1986 (4)
DELEGATED LEGISLATION TABLED IN THE SENATE
7 – 10 DECEMBER 1998
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Agriculture, Fisheries and Forestry |
4
|
| Attorney-General’s |
1
|
| Communications, Information Technology
and the Arts |
3
|
| Defence |
3
|
| Education, Training and Youth Affairs |
1
|
| Employment, Workplace Relations and Small
Business |
0
|
| Environment and Heritage |
0
|
| Family and Community Services |
1
|
| Finance and Administration |
2
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
9
|
| Immigration and Multicultural Affairs |
1
|
| Industry, Science and Resources |
4
|
| Prime Minister and Cabinet |
0
|
| Transport and Regional Services |
1
|
| Treasury |
1
|
| Veterans’ Affairs |
6
|
| |
|
| Total |
37
|
DELEGATED LEGISLATION TABLED IN THE SENATE
7 – 10 DECEMBER 1998
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE
UNDER EACH ACT
| Aged Care Act 1997 |
8
|
| Australian Meat and Live-stock Industry
Act 1997 |
2
|
| Carriage of Goods by Sea Act 1991 |
1
|
| Child Care Act 1972 |
1
|
| Civil Aviation Act 1988 |
1
|
| Customs Act 1901 |
4
|
| Defence Act 1903 |
3
|
| Export Control Act 1982 |
1
|
| Federal Court of Australia Act 1976 |
1
|
| Film Licensed Investment Company Act
1998 |
2
|
| Health Insurance Act 1973 |
1
|
| Higher Education Funding Act 1988 |
1
|
| Income Tax Assessment Act 1936 |
1
|
| Loan (Income Equalization Deposits)
Act 1976 |
1
|
| Migration Act 1958 |
1
|
| Remuneration Tribunal Act 1973 |
2
|
| Veterans’ Entitlements Act 1986 |
6
|
| |
|
| Total |
37
|
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Australian Meat and Live-stock Industry
(Sheepmeat and Goatmeat Export to the European Union) Order 1998
Meat and Live-stock Export Order No.MQ2/98 |
| Australian Meat and Live-stock Industry
Act 1997 |
| Made |
4/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Explains the method by which
quotas to export sheepmeat and goatmeat will be allocated among eligible
licensees. |
| |
Australian Meat and Live-stock Industry
(Sheepmeat and Goatmeat Performance Recording – Exports) Order
1998
Meat and Live-stock Export Order No.MQ1/98 |
| Australian Meat and Live-stock Industry
Act 1997 |
| Made |
4/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Provides for the allocation
of sheepmeat and goatmeat export quotas. |
| |
Export Control (Fees) Orders (Amendment)
Export Control Orders No.3 of 1998 |
| Export Control Act 1982 |
| Made |
4/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Provides for reduced charges
relating to services provided under the AQIS Export Grains Program. |
| |
Loan (Income Equalization Deposits)
Amendment Regulations 1998 (No.1)
Statutory Rules 1998 No.326 |
| Loan (Income Equalization Deposits)
Act 1976 |
| Made |
9/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Make amendments consequent
upon the Taxation Laws Amendment (Farm Management Deposits) Act
1998. |
| |
ATTORNEY-GENERAL’S DEPARTMENT
Federal Court Amendment Rules 1998 (No.3)
Statutory Rules 1998 No.323 |
| Federal Court of Australia Act 1976 |
| Made |
1/12/98 |
| Tabled |
9/12/98 S |
9/12/98 HR |
| Summary |
Amend various definitions. |
| |
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
| Film Licensed Investment Company (Application)
Rules 1998 under s.9 of the Film Licensed Investment Company
Act 1998 |
| Film Licensed Investment Company
Act 1998 |
| Made |
7/12/98 |
| Tabled |
8/12/98 S |
9/12/98 HR |
| Summary |
Determines rules for the method
of calling for applications. |
| |
| Film Licensed Investment Company (Criteria
and Procedures) Determination 1998 under s.10 of the Film
Licensed Investment Company Act 1998 |
| Film Licensed Investment Company
Act 1998 |
| Made |
7/12/98 |
| Tabled |
8/12/98 S |
9/12/98 HR |
| Summary |
Determines procedures to be
complied with in relation to applications for a licence. |
| |
| Radiocommunications Licence Conditions
(Maritime Coast Licence) Determination 1998 under paragraph 107(1)(f)
of the Radiocommunications Act 1992 |
| Radiocommunications Act 1992 |
| Made |
26/11/98 |
| Tabled |
7/12/98 S |
3/12/98 HR |
| Summary |
Sets out conditions for various
types of stations operating under a Maritime Coast Licence. |
| |
DEPARTMENT OF DEFENCE
| Defence Determination 1998/39 |
| Defence Act 1903 |
| Made |
2/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Varies education assistance. |
| |
| Defence Determination 1998/40 |
| Defence Act 1903 |
| Made |
4/12/98 |
| Tabled |
10/19/98 S |
9/12/98 HR |
| Summary |
Amends a reference. |
| |
| Defence Determination 1998/41 |
| Defence Act 1903 |
| Made |
7/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Varies the Housing Assistance. |
| |
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
| Determination No.T24 of 1998 under s.15
of the Higher Education Funding Act 1988 |
| Higher Education Funding Act 1988 |
| Made |
2/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Adjusts funding for student
places under the Joint Commonwealth/Industry Funded Additional Places
Scheme. |
| |
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
| Child Care (High Need Regions) Amendment
Determination 1998 (No.1) under the Child Care Act 1972 |
| Child Care Act 1972 |
| Made |
18/11/98 |
| Tabled |
8/12/98 S |
7/12/98 HR |
| Summary |
Specifies the regions eligible
for the allocation of new child care centre places. |
| |
DEPARTMENT OF FINANCE AND ADMINISTRATION
| Remuneration Tribunal Determination
No.23 of 1998 |
| Remuneration Tribunal Act 1973 |
| Made |
12/11/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Varies recreation leave entitlements
for certain full-time public office holders. |
| |
| Remuneration Tribunal Determination
No.24 of 1998 |
| Remuneration Tribunal Act 1973 |
| Made |
12/11/98 |
| Tabled |
7/12/98 S |
3/12/98 HR |
| Summary |
Varies the rate of remuneration
for certain full-time and part-time holders of public office. |
| |
DEPARTMENT OF HEALTH AND AGED CARE
| Accountability Principles 1998 under
s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
10/07/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Provides for accountability
of approved providers of aged care services. |
| |
| Accreditation Grant Principles 1998
under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
10/07/98 |
| Tabled |
7/112/98 S |
7/12/98 HR |
| Summary |
Provides for the functions
and operations of the Aged Care Standards and Accreditation Agency. |
| |
| Classification Amendment Principles
1998 (No.1) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
21/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Amends the Classification Principles
to reflect relative care needs. |
| |
| Committee Amendment Principles 1998
(No.1) under s.96-3 of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
14/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Makes improvements to the Complaints
Resolution Scheme. |
| |
| Flexibility Care Subsidy Amendment Principles
1998 (No.1) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
26/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Provides for the operation
of the Extended Aged Care at Home Packages. |
| |
| Health Insurance Determination HS/4/1998
under s.3C(1) of the Health Insurance Act 1973 |
| Health Insurance Act 1973 |
| Made |
23/11/98 |
| Tabled |
7/12/98 S |
3/12/98 HR |
| Summary |
Provides medicare benefits
for percutaneous tracheostomy. |
| |
| Quality of Care Amendment Principles
(No.1) 1998 under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
6/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Replaces existing unworkable
provisions. |
| |
| Residential Care Subsidy Amendment Principles
1998 (No.2) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
26/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Ensures that providers receive
a payroll tax supplement for eligible high care residents. |
| |
| User Rights Amendment Principles 1998
(No.1) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
26/08/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Provides for refunds of respite
booking fees and financial hardship waiver of accommodation bonds. |
| |
DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS
Migration Amendment Regulations 1998
(No.12)
Statutory Rules 1998 No.322 |
| Migration Act 1958 |
| Made |
9/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Vary bridging visa arrangements. |
| |
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
| Instrument of Approval No.40 of 1998
under s.4A of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
16/11/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Instrument of Approval No.41 of 1998
under s.4A of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
16/11/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Instrument of Approval No.42 of 1998
under s.4A of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
16/11/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
| Instrument of Approval No.43 of 1998
under s.4A of the Customs Act 1901 |
| Customs Act 1901 |
| Made |
16/11/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Approves a form for the purposes
of the Act. |
| |
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Carriage of Goods by Sea Regulations
1998 (No.2)
Statutory Rules 1998 No.324 |
| Carriage of Goods by Sea Act 1991 |
| Made |
9/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Correct technical drafting
errors. |
| |
DEPARTMENT OF THE TREASURY
Income Tax (Farm Management Deposits)
Regulations 1998
Statutory Rules 1998 No.325 |
| Income Tax Assessment Act 1936 |
| Made |
9/12/98 |
| Tabled |
10/12/98 S |
9/12/98 HR |
| Summary |
Provide for the Farm Management
Deposits Scheme. |
| |
DEPARTMENT OF VETERANS’ AFFAIRS
Revocation and Determination of Statement
of Principles under s.196B(2) of the Veterans’ Entitlements
Act 1986
Instrument No.76 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Revokes Statement of Principles
(Instrument No.5 of 1994) and determines a Statement of Principles
concerning alcohol dependence or alcohol abuse. |
| |
Revocation and Determination of Statement
of Principles under s.196B(3) of the Veterans’ Entitlements
Act 1986
Instrument No.77 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Revokes Statement of Principles
(Instrument No.6 of 1994) and determines a Statement of Principles
concerning alcohol dependence or alcohol abuse. |
| |
Determination of Statement of Principles
under s.196B(2) of the Veterans’ Entitlements Act 1986
Instrument No.78 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Determines a Statement of Principles
concerning drug dependence or drug abuse. |
| |
Determination of Statement of Principles
under s.196B(3) of the Veterans’ Entitlements Act 1986
Instrument No.79 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Determines a Statement of Principles
concerning drug dependence or drug abuse. |
| |
Revocation and Determination of Statement
of Principles under s.196B(2) of the Veterans’ Entitlements
Act 1986
Instrument No.80 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Revokes Statements of Principles
(Instruments Nos 140 of 1996, 77 of 1997 and 37 of 1998) and determines
a Statement of Principles concerning ischaemic heart disease. |
| |
Revocation and Determination of Statement
of Principles under s.196B(3) of the Veterans’ Entitlements
Act 1986
Instrument No.81 of 1998 |
| Veterans’ Entitlements Act 1986 |
| Made |
1/12/98 |
| Tabled |
7/12/98 S |
7/12/98 HR |
| Summary |
Revokes Statements of Principles
(Instruments Nos 141 of 1996, 78 of 1997 and 38 of 1998) and determines
a Statement of Principles concerning ischaemic heart disease. |
| |
Table of Contents