Parliament of Australia: Senate: Committee: Delegated Legislation Monitor (1999)

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Delegated Legislation Monitor (1999)

Monitor No. 6 1999

DELEGATED LEGISLATION MONITOR

This week there were 57 disallowable instruments of delegated legislation tabled in the Senate, made under six separate enabling Acts administered through six Departments of State.

Of the 57 instruments, three 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 57 instruments, six were made by the Governor-General or Ministers and 51 were made by public officials. Of the three sets of Statutory Rules, one was made as a principal instrument and two as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 APRIL 1999

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL’S DEPARTMENT

Native Title (Right to Negotiate – Alternative Provisions) (Northern Territory Lands Acquisition Laws) Determination 1999 under paragraph 43A(1)(b) of the Native Title Act 1993

Native Title (Right to Negotiate – Alternative Provisions) (Northern Territory Mining Laws) Determination 1999 under paragraph 43A(1)(b) of the Native Title Act 1993

Native Title (Right to Negotiate – Alternative Provisions) (Northern Territory Petroleum Laws) Determination 1999 under paragraph 43A(1)(b) of the Native Title Act 1993

DEPARTMENT OF DEFENCE

Defence Determination 1999/10

Military Superannuation and Benefits (Eligible Member) Declaration 1999

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 1999 (No.1)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1999 (No.3)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Department of the Prime Minister and Cabinet Determination 1999/1

Senior Executive Service Retirement on Benefit Determinations 1999/21-1999/28

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 82

Civil Aviation Orders, Part 105 (32)

Civil Aviation Orders, Part 106 (3)

Civil Aviation Orders, Repeal

Exemptions Nos CASA 14/1999-15/1999 under regulation 308 of the Civil Aviation Regulations

Exemption No.CASA 17/1999 under regulation 235 of the Civil Aviation Regulations

Instrument No.CASA 106/99 under regulation 207 of the Civil Aviation Regulations

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 APRIL 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Agriculture, Fisheries and Forestry	0
Attorney-General’s	3
Communications, Information Technology and the Arts	0
Defence	2
Education, Training and Youth Affairs	0
Employment, Workplace Relations and Small Business	0
Environment and Heritage	0
Family and Community Services	0
Finance and Administration	1
Foreign Affairs and Trade	0
Health and Aged Care	0
Immigration and Multicultural Affairs	1
Industry, Science and Resources	0
Prime Minister and Cabinet	9
Transport and Regional Services	41
Treasury	0
Veterans’ Affairs	0

Total	57

DELEGATED LEGISLATION TABLED IN THE SENATE

27-30 APRIL 1999

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

Civil Aviation Act 1988	41
Defence Act 1903	1
Migration Act 1958	1
Military Superannuation and Benefits Act 1991	1
Native Title Act 1993	3
Public Service Act 1922	9
Superannuation Act 1976	1

Total	57

ATTORNEY-GENERAL’S DEPARTMENT

Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Lands Acquisition Laws) Determination 1999 under paragraph 43A(1)(b) of the *Native Title Act 1993*
*Native Title Act 1993*
Made	27/04/99
Tabled	27/04/99 S		HR
Summary		Provides for alternative provisions for the acquisition of land.

Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Mining Laws) Determination 1999 under paragraph 43A(1)(b) of the *Native Title Act 1993*
*Native Title Act 1993*
Made	27/04/99
Tabled	27/04/99 S		HR
Summary		Provides for alternative provisions for mining.

Native Title (Right to Negotiate - Alternative Provisions) (Northern Territory Petroleum Laws) Determination 1999 under paragraph 43A(1)(b) of the *Native Title Act 1993*
*Native Title Act 1993*
Made	27/04/99
Tabled	27/04/99 S		HR
Summary		Provides for alternative provisions for petroleum permits.

DEPARTMENT OF DEFENCE

Defence Determination 1999/10
*Defence Act 1903*
Made	20/04/99
Tabled	30/04/99 S		HR
Summary		Varies the amount of bonus for flight engineers in the Royal Australian Air Force.

Military Superannuation and Benefits (Eligible Member) Declaration 1999 Statutory Rules 1999 No.65
*Military Superannuation and Benefits Act 1991*
Made	11/04/99
Tabled	28/04/99 S		HR
Summary		Declare a person as an eligible member when they have reached a specified rank.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.63
*Superannuation Act 1976*
Made	15/04/99
Tabled	28/04/99 S		HR
Summary		Provide for continuing CSS membership arrangements for the Northern Territory Legal Aid Commission.

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1999 (No.3) Statutory Rules 1999 No.64
*Migration Act 1958*
Made	15/04/99
Tabled	27/04/99 S		HR
Summary		Amend the principal regulations in relation to protection visas.

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 the Prime Minister and Cabinet Determination 1999/1
*Public Service Act 1922*
Made	23/04/99
Tabled	28/04/99 S		HR
Summary		Varies overseas living allowances.

Senior Executive Service Retirement on Benefit Determination 1999/21
*Public Service Act 1922*
Made	31/03/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/22
*Public Service Act 1922*
Made	12/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/23
*Public Service Act 1922*
Made	13/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/24
*Public Service Act 1922*
Made	13/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/25
*Public Service Act 1922*
Made	14/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/26
*Public Service Act 1922*
Made	27/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/27
*Public Service Act 1922*
Made	27/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

Senior Executive Service Retirement on Benefit Determination 1999/28
*Public Service Act 1922*
Made	27/04/99
Tabled	28/04/99 S		HR
Summary		Provides for the payment of a benefit on retirement to a specified officer.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 82
*Civil Aviation Act 1988*
Made	28/04/99
Tabled	30/04/99 S		HR
Summary		Provides that air operators must provide certain ground based radiocommunication services.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/135 Amdt 1
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AB3/136 Amdt 1
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/AS 355/50
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B737/57 Amdt 1
*Civil Aviation Act 1988*
Made	26/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B737/126
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B737/127
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B737/128
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/B757/44
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 206/79 Amdt 1
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 206/143 Amdt 1
*Civil Aviation Act 1988*
Made	24/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/1
*Civil Aviation Act 1988*
Made	19/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/2
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/3
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/4
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/5
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/6
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/7
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BELL 407/8
*Civil Aviation Act 1988*
Made	31/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BN-2/65
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/BNT/43
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/DH 82/2 Amdt 1
*Civil Aviation Act 1988*
Made	1/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/ECUREUIL/59
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/F100/32
*Civil Aviation Act 1988*
Made	16/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/HU 269/108
*Civil Aviation Act 1988*
Made	19/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/HU 369/98
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/IAI-A/1 Amdt 1
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/JBK 117/14
*Civil Aviation Act 1988*
Made	16/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/PUMA/39 Amdt 1
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/ROBIN/30
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/S-PUMA/30 Amdt 1
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/S-PUMA/35
*Civil Aviation Act 1988*
Made	25/03/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 105 Airworthiness Directive AD/TB20/32 Amdt 1
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft.

Civil Aviation Orders, Part 106 Airworthiness Directive AD/ARRIEL/11
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft engine.

Civil Aviation Orders, Part 106 Airworthiness Directive AD/ARRIEL/12
*Civil Aviation Act 1988*
Made	6/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft engine.

Civil Aviation Orders, Part 106 Airworthiness Directive AD/TPE 331/48
*Civil Aviation Act 1988*
Made	9/04/99
Tabled	27/04/99 S		HR
Summary		Varies the technical requirements for a particular type of aircraft engine.

Civil Aviation Orders, Repeal
*Civil Aviation Act 1988*
Made	28/04/99
Tabled	30/04/99 S		HR
Summary		Repeals a redundant order.

Exemption No.CASA 14/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	28/04/99
Tabled	30/04/99 S		HR
Summary		Exempts a specified aircraft from certain requirements.

Exemption No.CASA 15/1999 under r.308 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	28/04/99
Tabled	30/04/99 S		HR
Summary		Exempts a specified aircraft from certain requirements.

Exemption No.CASA 17/1999 under r.235 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	29/04/99
Tabled	30/04/99 S		HR
Summary		Exempts a specified aircraft from certain requirements.

Instrument No.CASA 106/99 under r.207 of the Civil Aviation Regulations
*Civil Aviation Act 1988*
Made	21/04/99
Tabled	27/04/99 S		HR
Summary		Provides for an aircraft to fly with a particular make of oxygen dispensing unit.

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