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

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Delegated Legislation Monitor (1999)

Monitor No. 13 1999

DELEGATED LEGISLATION MONITOR

This week there were 36 disallowable instruments of delegated legislation tabled in the Senate, made under 27 separate enabling Acts administered through nine Departments of State.

Of the 36 instruments, 27 are from the Statutory Rules series of delegated legislation, which are generally superior in drafting, presentation and access to other forms of delegated legislation. Of the 36 instruments, 30 were made by the Governor-General or Ministers and six were made by public officials. Of the 27 sets of Statutory Rules, all as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

30 AUGUST–2 SEPTEMBER 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 1999 (No.1)

Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No.1)

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Amendment Regulations 1999 (No.2)

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No.2)

ATTORNEY-GENERAL’S DEPARTMENT

Family Law Amendment Regulations 1999 (No.2)

Federal Court Amendment Rules 1999 (No.4)

Notice No.2 (1999) of Declared Rate in Respect of Diesel Fuel Rebate under subsection 164(5A) of the Customs Act 1901

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No.3)

Trade Practices (Industry Codes – Franchising) Amendment Regulations 1999 (No.1)

DEPARTMENT OF FINANCE AND ADMINISTRATION

Commonwealth Authorities and Companies Amendment Regulations 1999 (No.4)

Commonwealth Authorities and Companies Orders (Amendment No.1) 1999

Financial Management and Accountability Orders (Amendment No.3) 1999

Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1999 (No.1)

Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 1999 (No.2)

Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No.1)

Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No.1)

DEPARTMENT OF HEALTH AND AGED CARE

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.2)

Health Insurance Amendment Regulations 1999 (No.4)

National Health Amendment Regulations 1999 (No.4)

National Health Amendment Regulations 1999 (No.5)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Designs Amendment Regulations 1999 (No.2)

National Measurement Amendment Regulations 1999 (No.1)

Patents Amendment Regulations 1999 (No.2)

Trade Marks Amendment Regulations 1999 (No.2)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 1999 (No.1)

ATSIC (Regional Councils – Election of Officeholders) Amendment Regulations 1999 (No.1)

Ombudsman Amendment Regulations 1999 (No.1)

Public Service Amendment Regulations 1999 (No.2)

Public Service Amendment Regulations 1999 (No.3)

DEPARTMENT OF THE TREASURY

Australian Securities and Investments Commission Amendment Regulations 1999 (No.1)

Insurance Contracts Amendment Regulations 1999 (No.1)

Notice No.2 (1999) of Declared Rate in Respect of Diesel Fuel Rebate under subsection 78A(5A) of the Excise Act 1901

DEPARTMENT OF VETERANS’ AFFAIRS

Determination of Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986

Determination of Statement of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986

Revocation and Determination of Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986

Revocation and Determination of Statement of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986

DELEGATED LEGISLATION TABLED IN THE SENATE

30 AUGUST-2 SEPTEMBER 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS

Agriculture, Fisheries and Forestry	4
Attorney-General’s	3
Communications, Information Technology and the Arts	0
Defence	0
Education, Training and Youth Affairs	0
Employment, Workplace Relations and Small Business	2
Environment and Heritage	0
Family and Community Services	0
Finance and Administration	7
Foreign Affairs and Trade	0
Health and Aged Care	4
Immigration and Multicultural Affairs	0
Industry, Science and Resources	4
Prime Minister and Cabinet	5
Transport and Regional Services	0
Treasury	3
Veterans’ Affairs	4

Total	36

DELEGATED LEGISLATION TABLED IN THE SENATE

30 AUGUST-2 SEPTEMBER 1999

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

Aboriginal and Torres Strait Islander Commission Act 1989	2
Australian Meat and Live-stock Industry Act 1997	1
Australian Securities and Investments Commission Act 1989	1
Commonwealth Authorities and Companies Act 1997	2
Customs Act 1901	1
Designs Act 1906	1
Excise Act 1901	1
Export Inspection and Meat Charges Collection Act 1985	1
Family Law Act 1975	1
Federal Court of Australia Act 1976	1
Financial Management and Accountability Act 1997	1
Health Insurance Act 1973	2
Insurance Contracts Act 1984	1
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984	1
National Health Act 1953	2
National Measurement Act 1960	1
National Residue Survey (Excise) Levy Act 1998	1
Occupational Health and Safety (Commonwealth Employment) Act 1991	1
Ombudsman Act 1976	1
Patents Act 1990	1
Primary Industries (Excise) Levies Act 1999	1
Public Service Act 1922	2
Superannuation Act 1976	1
Superannuation Act 1990	2
Trade Marks Act 1995	1
Trade Practices Act 1974	1
Veterans’ Entitlements Act 1986	4

Total	36

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.177
*Australian Meat and Live-stock Industry Act 1997*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Amend the Principal Regulations.

Export Inspection and Meat Charges Collection Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.178
*Export Inspection and Meat Charges Collection Act 1985*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Provide for merits review, by the Administrative Appeals Tribunal, of decisions by the Secretary to the Department to defer, remit or refund payments under the Principal Regulations.

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.180
*Primary Industries (Excise) Levies Act 1999*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Halve the operative rate of levy applying to transactions on lambs from 1 September 1999, the reduction being intended to continue until 31 August 2001.

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.179
*National Residue Survey (Excise) Levy Act 1998*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Halve the operative rate of levy applying to transactions on lambs with the intention that that reduction apply from 1 September 1999 to 31 August 2001.

ATTORNEY-GENERAL’S DEPARTMENT

Family Law Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.173
*Family Law Act 1975*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Extend, until 31 August 2001, the date by which experienced mediators are required to enrol in an appropriate tertiary education course.

Federal Court Amendment Rules 1999 (No.4) Statutory Rules 1999 No.194
*Federal Court of Australia Act 1976*
Made	20/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make various changes to the Principal Rules in relation to claims under the Native Title Act 1993.

Notice No.2 (1999) of Declared Rate in Respect of Diesel Fuel Rebate under s.164(5A) of the *Customs Act 1901*
*Customs Act 1901*
Made	4/08/99
Tabled	31/08/99 S		31/08/99 HR
Summary		Declares new rates of rebate on diesel fuel following the changes in the Consumer Price Index for the June quarter of 1999.

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No.3) Statutory Rules 1999 No.189
*Occupational Health and Safety (Commonwealth Employment) Act 1991*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Provide for merits review by the Administrative Appeals Tribunal of a decision to add, vary or revoke a condition to an exemption from compliance with Part 6 of the Principal Regulations.

Trade Practices (Industry Codes – Franchising) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.188
*Trade Practices Act 1974*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Amend the Franchising Code of Conduct in order to clarify aspects of it, and thereby assist members of the franchising industry to comply with its provisions.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Commonwealth Authorities and Companies Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.170
*Commonwealth Authorities and Companies Act 1997*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Remove Wool International from the list in the Principal Regulations of Statutory Marketing Authorities, and insert the Australian Government Solicitor in the list of Government Business Enterprises.

Commonwealth Authorities and Companies Orders (Amendment No.1) 1999 under s.48 of the *Commonwealth Authorities and Companies Act 1997*
*Commonwealth Authorities and Companies Act 1997*
Made	11/08/99
Tabled	30/08/99 S		26/08/99 HR
Summary		Specifies the requirements for the financial statements to be prepared by the directors of Commonwealth authorities in relation to the financial years ending on and after 30 June 2000.

Financial Management and Accountability Orders (Amendment No.3) 1999 under s.63 of the *Financial Management and Accountability Act 1997*
*Financial Management and Accountability Act 1997*
Made	11/08/99
Tabled	30/08/99 S		26/08/99 HR
Summary		Specifies the requirements for the financial statements to be prepared by the Chief Executives of Commonwealth Agencies in relation to the financial years ending on and after 30 June 2000.

Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.171
*Judicial and Statutory Officers (Remuneration and Allowances) Act 1984*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Omit the offices of Privacy Commissioner and Director of the Australian Institute of Health and Welfare from the Principal Regulations, and set the annual rate of remuneration for the office of Australian Electoral Commissioner at $144,100.

Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.172
*Superannuation Act 1976*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Provide that persons who are members of the Commonwealth Superannuation Scheme immediately before commencing employment with the Australian Government Solicitor continue such membership during their employment with that entity, except in certain circumstances.

Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No.1) Statutory Rules 1999 No.168
*Superannuation Act 1990*
Made	23/08/99
Tabled	1/9/99 S		1/09/99 HR
Summary		Remove from the Principal Declaration provisions which would grant continuing membership of the Public Service Superannuation Scheme to persons who have transferred to the Australian Government Solicitor.

Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No.1) Statutory Rules 1999 No.169
*Superannuation Act 1990*
Made	23/08/99
Tabled	1/9/99 S		1/09/99 HR
Summary		Provide that persons who are members of the Public Service Superannuation Scheme immediately before being employed by the Australian Government Solicitor continue that membership during their employment with that entity, except in certain circumstances.

DEPARTMENT OF HEALTH AND AGED CARE

Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.193
*Health Insurance Act 1973*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Incorporate a variety of changes to the Table.

Health Insurance Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.176
*Health Insurance Act 1973*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Add seven item numbers which, if requested by oral and maxillofacial surgeons, will be within the Medicare Benefits Schedule, and remove one such item number formerly requested by prosthodontists.

National Health Amendment Regulations 1999 (No.4) Statutory Rules 1999 No.174
*National Health Act 1953*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Extend various arrangements by which patients may be paid health insurance benefits for hospital type treatment rendered in community settings.

National Health Amendment Regulations 1999 (No.5) Statutory Rules 1999 No.175
*National Health Act 1953*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make regulations for the purposes of new paragraphs (j)(iii) and (iv) in Schedule 1 to the enabling Act relating to waiting periods for the provision of benefits to a contributor to private health insurance.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Designs Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.187
*Designs Act 1906*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make two minor amendments to the Principal Regulations relating to fees for counsel’s attendance at a hearing and the hours of business of the Designs Office.

National Measurement Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.185
*National Measurement Act 1960*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Prescribe the allowances payable to the Executive Director of the National Standards Commission.

Patents Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.184
*Patents Act 1990*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make various minor amendments to the Principal Regulations.

Trade Marks Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.186
*Trade Marks Act 1995*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make various minor amendments to the Principal Regulations.

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Aboriginal and Torres Strait Islander Commission (Regional Council Election) Amendment Rules 1999 (No.1) under s.113 of the *Aboriginal and Torres Strait Islander Commission Act 1989*
*Aboriginal and Torres Strait Islander Commission Act 1989*
Made	6/07/99
Tabled	1/09/99 S		31/08/99 HR
Summary		Seeks to provide increased efficiency in the conduct of Regional Council elections, and sets out the procedures to be followed in relation to postal and pre-poll votes.

ATSIC (Regional Councils – Election of Officeholders) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.181
*Aboriginal and Torres Strait Islander Commission Act 1989*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Amend regulation 22 of the Principal Regulations to remove an inconsistency with the enabling Act.

Ombudsman Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.192
*Ombudsman Act 1976*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Remove the Australian Government Solicitor from the Ombudsman’s jurisdiction.

Public Service Amendment Regulations 1999 (No.2) Statutory Rules 1999 No.182
*Public Service Act 1922*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Amend the Principal Regulations in the light of the enactment and implementation of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.

Public Service Amendment Regulations 1999 (No.3) Statutory Rules 1999 No.183
*Public Service Act 1922*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Replace Schedules 1G and 3 to the Principal Regulations in order to update and re-order: the list of bodies declared not to be Commonwealth authorities for the purposes of the enabling Act; and the list of offices and appointments declared not to be Commonwealth offices for those purposes.

DEPARTMENT OF THE TREASURY

Australian Securities and Investments Commission Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.190
*Australian Securities and Investments Commission Act 1989*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Permit investigation reports of the Commission to be distributed to the fair trading agencies of each of the States and Territories.

Insurance Contracts Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.191
*Insurance Contracts Act 1984*
Made	25/08/99
Tabled	2/09/99 S		2/09/99 HR
Summary		Make various changes to the Principal Regulations in relation to the means by which an insurance customer is to be informed of the duty of disclosure resting on him or her.

Notice No.2 (1999) of Declared Rate in Respect of Diesel Fuel Rebate under s.78A(5A) of the *Excise Act 1901*
*Excise Act 1901*
Made	4/08/99
Tabled	31/08/99 S		31/08/99 HR
Summary		Declares new rates of rebate on diesel fuel, following the changes in the Consumer Price Index for the June quarter of 1999.

DEPARTMENT OF VETERANS’ AFFAIRS

Determination of Statement of Principles under s.196B(2) of the *Veterans' Entitlements Act 1986* Instrument No.60 of 1999
*Veterans' Entitlements Act 1986*
Made	27/08/99
Tabled	1/09/99 S		1/09/99 HR
Summary		Determines a Statement of Principles concerning chronic gastritis.

Determination of Statement of Principles under s.196B(3) of the *Veterans' Entitlements Act 1986* Instrument No.61 of 1999
*Veterans' Entitlements Act 1986*
Made	27/08/99
Tabled	1/09/99 S		1/09/99 HR
Summary		Determines a Statement of Principles concerning chronic gastritis.

*Revocation and Determination of Statement of Principles under s.196B(2) of the Veterans' Entitlements Act 1986* Instrument No.62 of 1999**
*Veterans' Entitlements Act 1986*
Made	27/08/99
Tabled	1/09/99 S		1/09/99 HR
Summary		Revokes a Statement of Principle (Instrument No.121 of 1995) and determines a Statement of Principles concerning gastro-oesophageal reflux disease.

Revocation and Determination of Statement of Principles under s.196B(3) of the *Veterans' Entitlements Act 1986* Instrument No.63 of 1999
*Veterans’ Entitlements Act 1986*
Made	27/08/99
Tabled	1/09/99 S		1/09/99 HR
Summary		Revokes Statements of Principles (Instruments Nos 122 and 123 of 1995) and determines a Statement of Principles concerning gastro-oesophageal reflux disease.