Monitor No. 2 1999 (Part A)
DELEGATED LEGISLATION MONITOR
This week there were 113 disallowable instruments of delegated legislation
tabled in the Senate, made under 36 separate enabling Acts administered
through 13 Departments of State.
Of the 113 instruments, 20 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 113 instruments, 30 were made by the Governor-General or Ministers
and 83 were made by public officials. Of the 20 sets of Statutory Rules,
three were made as principal instruments and 17 as amending instruments.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
8-11 MARCH 1999
Number of Instruments by Department
Number of Instruments made under Acts
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Export Control (Processed Food) Amendment Orders 1999 (No.1)
Export Inspection (Quantity Charge) Amendment Regulations 1999 (No.1)
Fisheries Management Amendment Regulations 1999 (No.1)
Pasture Seed Levy Declaration 1999 (No.1)
Primary Industries Levies and Charges Collection (Buffalo, Cattle and
Live-stock) Amendment Regulations 1999 (No.1)
Primary Industries Levies and Charges (National Residue Survey Levies)
Amendment Regulations 1999 (No.1)
ATTORNEY-GENERAL’S DEPARTMENT
Customs Amendment Regulations 1999 (No.1)
Extradition (Republic of Estonia) Regulations 1999
Federal Court Amendment Rules 1999 (No.1)
Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999
Public Interest Determination No.7A under section 72 of the Privacy
Act 1988
Public Order (Protection of Persons and Property) Regulations 1999
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.1 of
1999) under subsection 115(2) of the Broadcasting Services Act 1992
Carrier Licence Conditions (Telstra Corporation Limited) Declaration
1997 (Amendment No.1 of 1999) under subsection 63(5) of the Telecommunications
Act 1997
Protection of Movable Cultural Heritage Amendment Regulations 1999 (No.1)
Telecommunications Labelling (Customer Equipment and Customer Cabling)
Notice No.2 of 1997 Amendment Notice 1998 (No.2)
Telecommunications (Provision of Pre-selection for a Standard Telephone
Service) Determination 1998
Telecommunications (Provision of Pre-selection for Specified Carriage
Services) Determination 1998
Telecommunications Technical Standard (CDMA Customer Equipment - ACA
TS 200-1998)
Telecommunications Technical Standard (Customer Equipment and Customer
Cabling) – ACA TS 102-1998)
DEPARTMENT OF DEFENCE
Defence (Areas Control) Amendment Regulations 1999 (No.1)
Defence Determination 1999/6
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
Determination No.T25-98 under section 15 of the Higher Education Funding
Act 1988
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Wildlife Protection (Regulation of Export and Imports) Amendment Regulations
1999 (No.1)
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Childcare Rebate (Specified Persons) Amendment Determination 1998 (No.1)
Vaccination Schedules Amendment Guidelines (No.1) 1999
DEPARTMENT OF FINANCE AND ADMINISTRATION
Superannuation (CSS) Salary Amendment Regulations 1999 (No.1)
DEPARTMENT OF HEALTH AND AGED CARE
Determinations Nos IHS2/1999-IHS3/1999 under paragraph (bj) of Schedule
1 of the National Health Act 1953
Health Insurance (1998-99 General Medical Services Table) Amendment Regulations
1999 (No.1)
Health Insurance (1998-99 General Medical Services Table) Amendment Regulations
1999 (No.2)
Health Insurance (1998-99 Pathology Services Table) Amendment Regulations
1999 (No.1)
Health Insurance Determination HS/1/1999
National Health Amendment Regulations 1999 (No.1)
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Attorney-General’s Department Determination 1999/1
Public Service (Australian Agency for International Development) Determination
1999/1
Public Service (Defence) Determination 1999/3
Senior Executive Service Retirement on Benefit Determinations 1999/8-1999/12
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Civil Aviation Orders, Part 105 (41)
Civil Aviation Orders, Part 106 (2)
Civil Aviation Orders, Part 107
Exemption No.CASA 04/1999 under regulation 308 of the Civil Aviation
Regulations
Exemption Order under section 8G of the Christmas Island Act 1958
Instrument No.CASA 38/99 under regulation 235 of the Civil Aviation
Regulations
Instruments Nos CASA 48/99 and CASA 50/99 under regulation
207 of the Civil Aviation Regulations
Marine Orders, Part 26 – Non-GMDSS radio equipment, Issue 4, Marine
Orders No.6 of 1999
DEPARTMENT OF THE TREASURY
Application for Approval of RTGS System under section 9 of the Payment
Systems and Netting Act 1998
Application for Approval of RTGS System under section 9 of the Payment
Systems and Netting Act 1998
Approval of Form of Identity Card under sections 9C, 34C and 47 of the
Insurance (Agents and Brokers) Act 1984
Currency Determination 1999 (No.1)
Financial Sector Reform (Amendments and Transitional Provisions) Amendment
Regulations 1999 (No.1)
Income Tax (Farm Management Deposits – Deduction Exemption Certificates)
Guidelines 1999
RHQ Company Determination 1999 (No.1)
Superannuation Industry (Supervision) Amendment Regulations 1999 (No.2)
DEPARTMENT OF VETERANS’ AFFAIRS
Revocation and Determination of Statements of Principles under subsection
196B(2) and 196B(3) of the Veterans’ Entitlements Act 1986
(12)
Veterans’ Entitlements Amendment Regulations 1999 (No.1)
DELEGATED LEGISLATION TABLED IN THE SENATE
8-11 MARCH 1999
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| Agriculture, Fisheries and Forestry |
6
|
| Attorney-General’s |
6
|
| Communications, Information Technology
and the Arts |
8
|
| Defence |
2
|
| Education, Training and Youth Affairs |
1
|
| Employment, Workplace Relations and Small
Business |
0
|
| Environment and Heritage |
1
|
| Family and Community Services |
2
|
| Finance and Administration |
1
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
7
|
| Immigration and Multicultural Affairs |
0
|
| Industry, Science and Resources |
0
|
| Prime Minister and Cabinet |
8
|
| Transport and Regional Services |
50
|
| Treasury |
8
|
| Veterans’ Affairs |
13
|
| |
|
| Total |
113
|
DELEGATED LEGISLATION TABLED IN THE SENATE
8-11 MARCH 1999
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER
OF INSTRUMENTS MADE UNDER EACH ACT
| Broadcasting Services Act 1992 |
1
|
| Cattle Transactions Levy Act 1997 |
1
|
| Child Care Payments Act 1997 |
1
|
| Childcare Rebate Act 1993 |
1
|
| Christmas Island Act 1958 |
1
|
| Civil Aviation Act 1988 |
48
|
| Currency Act 1965 |
1
|
| Customs Act 1901 |
1
|
| Defence Act 1903 |
2
|
| Export Control Act 1982 |
1
|
| Export Inspection (Quantity Charge)
Act 1985 |
1
|
| Extradition Act 1988 |
1
|
| Federal Court of Australia Act 1976 |
1
|
| Financial Sector Reform (Amendments
and Transitional Provisions) Act 1998 |
1
|
| Fisheries Management Act 1991 |
1
|
| Health Insurance Act 1973 |
4
|
| Higher Education Funding Act 1988 |
1
|
| Income Tax Assessment Act 1936 |
2
|
| Insurance (Agents and Brokers) Act 1984 |
1
|
| Live-stock Transactions Levy Act 1997 |
1
|
| Mutual Assistance in Criminal Matters
Act 1987 |
1
|
| National Health Act 1953 |
3
|
| National Residue Survey (Excise) Levy
Act 1998 |
1
|
| Navigation Act 1912 |
1
|
| Pasture Seed Levy Act 1989 |
1
|
| Payment Systems and Netting Act 1998 |
2
|
| Primary Industries Levies and Charges
Collection Act 1991 |
2
|
| Privacy Act 1988 |
1
|
| Protection of Movable Cultural Heritage
Act 1986 |
1
|
| Public Order (Protection of Persons
and Property) Act 1971 |
1
|
| Public Service Act 1922 |
8
|
| Superannuation Act 1976 |
1
|
| Superannuation Industry (Supervision)
Act 1993 |
1
|
| Telecommunications Act 1997 |
6
|
| Veterans’ Entitlements Act 1986 |
13
|
| Wildlife Protection (Regulation of Exports
and Imports) Act 1982 |
1
|
| |
|
| Total |
116
|
(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
| Export Control (Processed Food) Amendment
Orders 1999 (No.1) |
| Export Control Act 1982 |
| Made |
18/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amend inspection options available
to occupiers of export registered dairy and fish processing establishments. |
| |
|
Export Inspection (Quantity Charge)
Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.21 |
| Export Inspection (Quantity Charge)
Act 1985 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provide for a fee to be charged
for exported containerised grain. |
| |
|
Fisheries Management Amendment Regulations
1999 (No.1)
Statutory Rules 1999 No.22 |
| Fisheries Management Act 1991 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Set out new by-catch restrictions. |
| |
|
| Pasture Seed Levy Declaration 1999 (No.1)
under s.9(1) of the Pasture Seed Levy Act 1989 |
| Pasture Seed Levy Act 1989 |
| Made |
25/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Varies the levy for pasture
seeds. |
| |
Primary Industries Levies and Charges
Collection (Buffalo, Cattle and Live-stock) Amendment Regulations
1999 (No.1)
Statutory Rules 1999 No.23 |
Cattle Transactions Levy Act 1997
Live-stock Transactions Levy Act 1997
Primary Industries Levies and Charges Collection Act 1991 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Exempt the payment of transaction
levies on the slaughter of cattle, sheep and goats. |
| |
Primary Industries Levies and Charges
(National Residue Survey Levies) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.24 |
National Residue Survey (Excise)
Levy Act 1998
Primary Industries Levies and Charges Collection Act 1991 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Exempt the payment of transaction
levies on the slaughter of cattle, sheep and goats. |
| |
ATTORNEY-GENERAL’S DEPARTMENT
Customs Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.35 |
| Customs Act 1988 |
| Made |
8/03/99 |
| Tabled |
10/03/99 S |
10/03/99 HR |
| Summary |
Provide for customs duty on
the importation of cigarettes from Norfolk Island. |
| |
Extradition (Republic of Estonia) Regulations
1999
Statutory Rules 1999 No.32 |
| Extradition Act 1988 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provide that the Republic of
Estonia is an extradition country for the purposes of the Act. |
| |
Federal Court Amendment Rules 1999 (No.1)
Statutory Rules 1999 No.15 |
| Federal Court of Australia Act 1976 |
| Made |
5/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amend the rules in relation
to proceedings in bankruptcy. |
| |
|
Mutual Assistance in Criminal Matters
(Hong Kong) Regulations 1999
Statutory Rules 1999 No.33 |
| Mutual Assistance in Criminal Matters
Act 1987 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Applies the Act to Hong Kong. |
| |
| Public Interest Determination No.7A
under s.72 of the Privacy Act 1988 |
| Privacy Act 1988 |
| Made |
7/01/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for limits on the
circumstances in which personal information can be disclosed. |
| |
|
Public Order (Protection of Persons
and Property) Regulations 1999
Statutory Rules 1999 No.26 |
| Public Order (Protection of Persons
and Property) Act 1971 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Prescribe certain courts for
the purposes of the Act. |
| |
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
| Broadcasting Services (Events) Notice
No.1 of 1994 (Amendment No.1 of 1999) under s.115(2) of the Broadcasting
Services Act 1992 |
| Broadcasting Services Act 1992 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amends the list of events broadcast
free to air. |
| |
|
| Carrier Licence Conditions (Telstra
Corporation Limited) Declaration 1997 (Amendment No.1 of 1999) under
s.63(5) of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
16/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the availability
of analogue AMPS services in regional areas until alternative mobile
services are available. |
| |
Protection of Movable Cultural Heritage
Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.25 |
| Protection of Movable Cultural Heritage
Act 1986 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provide for the protection
of Objects of Applied Science and Technology. |
| |
| Telecommunications Labelling (Customer
Equipment and Customer Cabling) Notice No.2 of 1997 Amendment Notice
1998 (No.2) under s.407 of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
10/12/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Specifies labelling and compliance
requirements for customer equipment and cabling. |
| |
| Telecommunications (Provision of Pre-selection
for a Standard Telephone Service) Determination 1998 under s.349(1)
of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
21/12/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for customers to choose
a preferred carriage service provider. |
| |
| Telecommunications (Provision of Pre-selection
for Specified Carriage Services) Determination 1998 under s.349(2)
of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
21/12/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for customers to choose
a preferred carriage service provider. |
| |
| Telecommunications Technical Standard
(CDMA Customer Equipment - ACA TS 200-1998) under s.376(1) of the
Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
10/12/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the health and
safety of persons likely to be affected by CDMA customer equipment. |
| |
| Telecommunications Technical Standard
(Customer Equipment and Customer Cabling) – ACA TS 102-1998 under
s.376(1) of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
10/12/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides technical standards
for customer equipment and cabling. |
| |
DEPARTMENT OF DEFENCE
Defence (Areas of Control) Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.27 |
| Defence Act 1903 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Establish the same range of
height restrictions at the Army Aviation Centre at Oakey as at other
prescribed airfields. |
| |
| Defence Determination 1999/6 |
| Defence Act 1903 |
| Made |
12/02/99 |
| Tabled |
8/03/99 S |
18/02/99 HR |
| Summary |
Amend conditions of service
for members of the ADF who serve with United Nations forces. |
| |
|
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS
| Determination No.T25-98 under s.15 of
the Higher Education Funding Act 1988 |
| Higher Education Funding Act 1988 |
| Made |
3/03/99 |
| Tabled |
9/03/99 S |
8/03/99 HR |
| Summary |
Adjusts the 1998 operating
grant for Domestic Fee Paying Undergraduate and Postgraduate Load. |
| |
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Wildlife Protection (Regulation of Exports
and Imports) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.28 |
| Wildlife Protection (Regulation of
Exports and Imports) Act 1982 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Introduce new fees for the
export of kangaroo products and personal tourist items. |
| |
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
| Childcare Rebate (Specified Persons)
Amendment Determination 1998 (No.1) under s.29(1A) of the Childcare
Rebate Act 1993 |
| Childcare Rebate Act 1993 |
| Made |
28/11/98 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for parents who were
laid off from work because of the gas crisis in Victoria to lose eligibility
for the Childcare Rebate. |
| |
|
| Vaccination Schedules Amendment Guidelines
(No.1) 1999 under s.18(1) of the Child Care Payments Act
1997 |
| Child Care Payments Act 1997 |
| Made |
11/01/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for compliance with
the Vaccination Schedules Guidelines. |
| |
|
DEPARTMENT OF FINANCE AND ADMINISTRATION
Superannuation (CSS) Salary Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.29 |
| Superannuation Act 1976 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provide for flexibility in
setting the annual rate of salary for CSS purposes. |
| |
DEPARTMENT OF HEALTH AND AGED CARE
| Determination No.IHS2/1999 under paragraph
(bj) of Schedule 1 of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
18/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amends the level of benefit
payable for categories of day only treatment. |
| |
| Determination No.IHS3/1999 under paragraph
(bj) of Schedule 1 of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
18/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amends the level of benefit
payable for categories of overnight hospital treatment. |
| |
Health Insurance (1998-99 General Medical
Services Table) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.16 |
| Health Insurance Act 1973 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amend the table of general
medical services. |
| |
|
Health Insurance (1998-99 General Medical
Services Table) Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.17 |
| Health Insurance Act 1973 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amend the table of general
medical services. |
| |
|
Health Insurance (1998-99 Pathology
Services Table) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.19 |
| Health Insurance Act 1973 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amend the table of pathology
services. |
| |
|
| Health Insurance Determination HS/1/1999
under s.3C(1) of the Health Insurance Act 1973 |
| Health Insurance Act 1973 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides medicare benefits
for investigation of sleep apnoea. |
| |
|
National Health Amendment Regulations
1999 (No.1)
Statutory Rules 1999 No.18 |
| National Health Act 1953 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Extend the Domiciliary Palliative
Care program for a further 12 months. |
| |
|
DEPARTMENT OF THE PRIME MINISTER AND CABINET
(Although under the Administrative Arrangements Order the Public Service
Act 1922 is administered by the Prime Minister, some Public Service
Determinations are made by officers of other agencies under subdelegation
authorised by that Act. Any such Determinations are noted by an asterisk.
| Attorney-General’s Department Determination
1999/1* |
| Public Service Act 1922 |
| Made |
4/03/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amends the rates of travelling
allowance. |
| |
| Public Service (Australian Agency for
International Development) Determination 1999/1* |
| Public Service Act 1922 |
| Made |
18/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Prescribes the terms and conditions
of employment for staff members of the Department performing duty
overseas. |
| |
|
| Public Service (Defence) Determination
1999/3* |
| Public Service Act 1922 |
| Made |
1/03/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Amends the rates of meal allowance
and travelling allowance. |
| |
| Senior Executive Service Retirement
on Benefit Determination 1999/8 |
| Public Service Act 1922 |
| Made |
4/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the payment of
a benefit on retirement to a specified officer. |
| |
|
| Senior Executive Service Retirement
on Benefit Determination 1999/9 |
| Public Service Act 1922 |
| Made |
4/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the payment of
a benefit on retirement to a specified officer. |
| |
|
| Senior Executive Service Retirement
on Benefit Determination 1999/10 |
| Public Service Act 1922 |
| Made |
10/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the payment of
a benefit on retirement to a specified officer. |
| |
|
| Senior Executive Service Retirement
on Benefit Determination 1999/11 |
| Public Service Act 1922 |
| Made |
19/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the payment of
a benefit on retirement to a specified officer. |
| |
|
| Senior Executive Service Retirement
on Benefit Determination 1999/12 |
| Public Service Act 1922 |
| Made |
23/02/99 |
| Tabled |
8/03/99 S |
8/03/99 HR |
| Summary |
Provides for the payment of
a benefit on retirement to a specified officer. |
| |
|
Table of Contents
Monitor No. 2 1999 (Part B)