Monitor No. 3 1999
DELEGATED LEGISLATION MONITOR
This week there were 42 disallowable instruments of delegated legislation
tabled in the Senate, made under 24 separate enabling Acts administered
through 12 Departments of State.
Of the 42 instruments, 16 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 42 instruments, 25 were made by the Governor-General or Ministers
and 17 were made by public officials. Of the 16 sets of Statutory Rules,
2 were made as principal instruments and 14 as amending instruments.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
22-25 MARCH 1999
Number of Instruments by Department
Number of Instruments made under Acts
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Export Control (Grain, Plants and Plant Products) Amendment Orders 1999
(No.1)
ATTORNEY-GENERAL’S DEPARTMENT
Disability Discrimination Amendment Regulations 1999 (No.1)
Family Law Amendment Regulations 1999 (No.1)
Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations
1999
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Australian Postal Corporation Amendment Regulations 1999 (No.1)
Declaration under section 190 of the Radiocommunications Act 1992
Telecommunications (Facility Installation Permit – Application Charge)
Determination 1999
Telecommunications (Facility Installation Permit – Public Inquiry
Charges) Determination 1999
DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND
SMALL BUSINESS
Workplace Relations Amendment Regulations 1999 (No.1)
Workplace Relations Amendment Regulations 1999 (No.2)
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Declaration (99/ESP1) under subsection 18(1) of the Endangered Species
Protection Act 1992
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Social Security (Threshold Rates) Determination 1999
DEPARTMENT OF FINANCE AND ADMINISTRATION
Commonwealth Authorities and Companies Amendment Regulations 1999 (No.1)
Financial Management and Accountability Amendment Regulations 1999 (No.1)
Financial Management and Accountability Amendment Regulations 1999 (No.2)
Superannuation (PSS) Approved Authority Inclusion Declaration (Amendment)
DEPARTMENT OF HEALTH AND AGED CARE
Australian Radiation Protection and Nuclear Safety Regulations 1999
Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment
Regulations 1999 (No.1)
Health Insurance Amendment Regulations 1999 (No.1)
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
Petroleum Retail Marketing Sites Amendment Regulations 1999 (No.1)
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Department of Veterans’ Affairs Determination 1999/1
Locally Engaged Staff Determinations 1999/06-1999/07
Public Service Determination 1999/1
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Civil Aviation Orders, Part 82
Declaration of Pre-existing Capacity under section 54B of the International
Air Services Commission Act 1992 (Instrument No.M/JA2/99)
Exemptions Nos CASA 05/1999-08/1999 under the Civil Aviation Regulations
Instruments Nos CASA 69/99 and CASA 72/99 under regulation
207 of the Civil Aviation Regulations
International Air Services Policy Statement No.3 (Amendment)
Interpretation Act 1984 (W.A.) (C.I.) Amendment Ordinance 1999 (No.1),
Territory of Christmas Island Ordinance No.2 of 1999
Interpretation Amendment Ordinance 1999 (No.1), Territory of Christmas
Island Ordinance No.1 of 1999
Interpretation Act 1984 (W.A.) (C.K.I.) Amendment Ordinance 1999 (No.1),
Territory of Cocos (Keeling) Islands Ordinance No.2 of 1999
Interpretation Amendment Ordinance 1999 (No.1), Territory of Cocos (Keeling)
Islands Ordinance No.1 of 1999
Marine Orders, Part 32 – Cargo Handling Equipment, Issue 2 (Amendment),
Marine Orders No.7 of 1999
Marine Orders, Part 52 – Sailing ships, Issue 2, Marine Orders No.8
of 1999
DEPARTMENT OF THE TREASURY
Corporations Amendment Regulations 1999 (No.1)
Corporations Amendment Regulations 1999 (No.2)
Prudential Rules No.30 – Variation of all Commissioner’s Rules
under subsection 252(1) of the Life Insurance Act 1995
DELEGATED LEGISLATION TABLED IN THE SENATE
22-25 MARCH 1999
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| Agriculture, Fisheries and Forestry |
1
|
| Attorney-General’s |
3
|
| Communications, Information Technology
and the Arts |
4
|
| Defence |
0
|
| Education, Training and Youth Affairs |
0
|
| Employment, Workplace Relations and Small
Business |
2
|
| Environment and Heritage |
1
|
| Family and Community Services |
1
|
| Finance and Administration |
4
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
3
|
| Immigration and Multicultural Affairs |
0
|
| Industry, Science and Resources |
1
|
| Prime Minister and Cabinet |
4
|
| Transport and Regional Services |
15
|
| Treasury |
3
|
| Veterans’ Affairs |
0
|
| |
|
| Total |
42
|
DELEGATED LEGISLATION TABLED IN THE SENATE
22-25 MARCH 1999
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE
UNDER EACH ACT
| Australian Communications Authority
Act 1997 |
2
|
| Australian Postal Corporation Act 1989 |
1
|
| Australian Radiation Protection and
Nuclear Safety Act 1998 |
1
|
| Christmas Island Act 1958 |
2
|
| Civil Aviation Act 1988 |
7
|
| Cocos (Keeling) Islands Act 1955 |
2
|
| Commonwealth Authorities and Companies
Act 1997 |
1
|
| Corporations Act 1989 |
2
|
| Disability Discrimination Act 1992 |
1
|
| Endangered Species Protection Act 1992 |
1
|
| Export Control Act 1982 |
1
|
| Family Law Act 1975 |
1
|
| Financial Management and Accountability
Act 1997 |
2
|
| Health Insurance Act 1973 |
2
|
| International Air Services Commission
Act 1992 |
2
|
| Life Insurance Act 1995 |
1
|
| Mutual Assistance in Criminal Matters
Act 1987 |
1
|
| Navigation Act 1912 |
2
|
| Petroleum Retail Marketing Sites Act
1980 |
1
|
| Public Service Act 1922 |
4
|
| Radiocommunications Act 1992 |
1
|
| Social Security Act 1991 |
1
|
| Superannuation Act 1990 |
1
|
| Workplace Relations Act 1996 |
2
|
| |
|
| Total |
42
|
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
| Export Control (Grain, Plants and Plant
Products) Amendment Orders 1999 (No.1) |
| Export Control Act 1982 |
| Made |
10/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Extends the list of prescribed
grains and clarifies certain definitions. |
| |
ATTORNEY-GENERAL’S DEPARTMENT
Disability Discrimination Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.40 |
| Disability Discrimination Act 1992 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Prescribe specific State laws
for the purposes of the Act. |
| |
Family Law Amendment Regulations 1999
(No.1)
Statutory Rules 1999 No.39 |
| Family Law Act 1975 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Prescribe two overseas countries
as reciprocating jurisdictions. |
| |
Mutual Assistance in Criminal Matters
(Republic of Indonesia) Regulations 1999
Statutory Rules 1999 No.50 |
| Mutual Assistance in Criminal Matters
Act 1987 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Give effect in Australian domestic
law to the Mutual Assistance in Criminal Matters Treaty between Australia
and Indonesia. |
| |
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Australian Postal Corporation Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.41 |
| Australian Postal Corporation Act
1989 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Correct an error. |
| |
| Declaration under s.190 of the Radiocommunications
Act 1992 |
| Radiocommunications Act 1992 |
| Made |
4/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Prohibits the use of mobile
telephone jammers. |
| |
| Telecommunications (Facility Installation
Permit – Application Charge) under s.53(1) of the Australian
Communications Authority Act 1997 |
| Australian Communications Authority
Act 1997 |
| Made |
18/02/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Sets the amount of charge on
an application for a facility installation permit. |
| |
| Telecommunications (Facility Installation
Permit – Public Inquiry Charges) under s.53(1) of the Australian
Communications Authority Act 1997 |
| Australian Communications Authority
Act 1997 |
| Made |
18/02/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Sets the amount of charge on
an applicant for a facility installation permit where the ACA decides
to conduct a public inquiry about the permit. |
| |
DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL
BUSINESS
Workplace Relations Amendment Regulations
1999 (No.1)
Statutory Rules 1999 No.42 |
| Workplace Relations Act 1996 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Amend the list of organisations
to be notified in relation to variations of relevant awards in industries
in the Northern Territory. |
| |
Workplace Relations Amendment Regulations
1999 (No.2)
Statutory Rules 1999 No.43 |
| Workplace Relations Act 1996 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Reimpose a $50 lodgment fee
for applications in respect of termination of employment. |
| |
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
| Declaration (99/ESP1) under s.18(1)
of the Endangered Species Protection Act 1992 |
| Endangered Species Protection Act
1992 |
| Made |
24/02/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Amends the schedule of threatened
species. |
| |
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
| Social Security (Threshold Rates) Determination
1999 under s.1082 of the Social Security Act 1991 |
| Social Security Act 1991 |
| Made |
11/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Sets the lower and upper extended
deeming rates at 3% and 4.5% respectively. |
| |
DEPARTMENT OF FINANCE AND ADMINISTRATION
Commonwealth Authorities and Companies
Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.46 |
| Commonwealth Authorities and Companies
Act 1997 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Modify the application of the
Act to companies conducted for the purposes of the intelligence security
agencies. |
| |
Financial Management and Accountability
Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.44 |
| Financial Management and Accountability
Act 1997 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Modify the application of the
Act to intelligence or security agencies. |
| |
Financial Management and Accountability
Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.45 |
| Financial Management and Accountability
Act 1997 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Amend the list of agencies
which are prescribed for the purposes of the Act. |
| |
Superannuation (PSS) Approved Authority
Inclusion Declaration (Amendment)
Statutory Rules 1999 No.36 |
| Superannuation Act 1990 |
| Made |
3/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Declare NEPC Service Corporation
to be an approved authority for the purposes of the Act. |
| |
DEPARTMENT OF HEALTH AND AGED CARE
Australian Radiation Protection and
Nuclear Safety Regulations 1999
Statutory Rules 1999 No.37 |
| Australian Radiation Protection and
Nuclear Safety Act 1998 |
| Made |
17/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Implement details of the operation
of the Act. |
| |
Health Insurance (1998-99 Diagnostic
Imaging Services Table) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.20 |
| Health Insurance Act 1973 |
| Made |
23/02/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Amend the table of diagnostic
imaging services. |
| |
|
Health Insurance Amendment Regulations
1999 (No.1)
Statutory Rules 1999 No.48 |
| Health Insurance Act 1973 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Provide for Medicare benefits
to be paid for services provided by a medical practitioner for an
approved deputising service. |
| |
DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES
Petroleum Retail Marketing Sites Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.49 |
| Petroleum Retail Marketing Sites
Act 1980 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Provide for a temporary increase
in allocation of sites for BP Australia Ltd. |
| |
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.
| Department of Veterans' Affairs Determination
1999/1 * |
| Public Service Act 1922 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Amends the rates of travelling
allowance. |
| |
| Locally Engaged Staff Determination
1999/06 * |
| Public Service Act 1922 |
| Made |
26/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Varies the termination payment
for LES in Syria. |
| |
| Locally Engaged Staff Determination
1999/07 * |
| Public Service Act 1922 |
| Made |
26/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Varies salary rates for LES
in Argentina. |
| |
| Public Service Determination 1999/1
* |
| Public Service Act 1922 |
| Made |
11/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Varies the Disturbance Allowance. |
| |
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
| Civil Aviation Orders, Part 82 |
| Civil Aviation Act 1988 |
| Made |
8/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Permits regular public transport
operations in other than high capacity aircraft. |
| |
| Declaration of Pre-existing Capacity
under s.54B of the International Air Services Commission
Act 1992 (Instrument No.M/JA2/99) |
| International Air Services Commission
Act 1992 |
| Made |
9/03/99 |
| Tabled |
22/03/99 S |
11/03/99 HR |
| Summary |
Gives effect to existing allocations
of Fifth Freedom Rights. |
| |
|
| Exemption No.CASA 05/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
8/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
| Exemption No.CASA 06/1999 under
r.217 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
8/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
| Exemption No.CASA 07/1999 under
r.215 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
8/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
| Exemption No.CASA 08/1999 under
r.235 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
9/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Exempts a specified aircraft
from certain requirements. |
| |
| Instrument No.CASA 69/99 under
r.207 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
18/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Provides for certain aircraft
to fly when not equipped with a duplicate power supply to the left
attitude indicator. |
| |
| Instrument No.CASA 72/99 under
r.207 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
19/03/99 |
| Tabled |
23/03/99 S |
24/03/99 HR |
| Summary |
Specifies the air flow requirement
for nasal cannula type individual oxygen dispensing units. |
| |
| International Air Services Policy Statement
No.3 (Amendment) under s.11 of the International Air Services
Commission Act 1992 (Instrument No.JA/M22/99) |
| International Air Services Commission
Act 1992 |
| Made |
9/03/99 |
| Tabled |
22/03/99 S |
11/03/99 HR |
| Summary |
Provides for the allocation
of capacity to airlines to operate services directly between Australia
and other countries. |
| |
|
Interpretation Act 1984 (W.A.) (C.I.)
Amendment Ordinance 1999 (No.1)
Territory of Christmas Island Ordinance No.2 of 1999 |
| Christmas Island Act 1958 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Make minor amendments. |
| |
Interpretation Amendment Ordinance 1999
(No.1)
Territory of Christmas Island Ordinance No.1 of 1999 |
| Christmas Island Act 1958 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Make minor amendments. |
| |
Interpretation Act 1984 (W.A.) (C.K.I.)
Amendment Ordinance 1999 (No.1)
Territory of Cocos (Keeling) Islands Ordinance No.2 of 1999 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Make minor amendments. |
| |
Interpretation Amendment Ordinance 1999
(No.1)
Territory of Cocos (Keeling) Islands Ordinance No.1 of 1999 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Make minor amendments. |
| |
Marine Orders, Part 32 – Cargo
Handling Equipment, Issue 2 (Amendment)
Marine Order No.7 of 1999 |
| Navigation Act 1912 |
| Made |
5/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Prescribes conditions for cargo
handling equipment. |
| |
Marine Orders, Part 52 – Sailing
ships, Issue 2
Marine Order No.8 of 1999 |
| Navigation Act 1912 |
| Made |
5/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Prescribes standards for Australian
sailing ships and the safety of sail trainees. |
| |
DEPARTMENT OF THE TREASURY
Corporations Amendment Regulations 1999
(No.1)
Statutory Rules 1999 No.38 |
| Corporations Act 1989 |
| Made |
17/03/99 |
| Tabled |
22/03/99 S |
22/03/99 HR |
| Summary |
Provide for contract notes
and monthly statements to be provided in electronic form. |
| |
Corporations Amendment Regulations 1999
(No.2)
Statutory Rules 1999 No.47 |
| Corporations Act 1989 |
| Made |
17/03/99 |
| Tabled |
25/03/99 S |
24/03/99 HR |
| Summary |
Make changes consequent upon
amendments of the Corporations Law. |
| |
| Prudential Rules No.30 - Variation of
all Commissioner's Rules under s.252(1) of the Life Insurance
Act 1995 |
| Life Insurance Act 1995 |
| Made |
26/02/99 |
| Tabled |
25/03/99 S |
25/03/99 HR |
| Summary |
Makes changes consequent amendment
of the enabling Act. |
| |
Table of Contents