Monitor No. 7 1999

Monitor No. 7 1999

DELEGATED LEGISLATION MONITOR

This week there were 50 disallowable instruments of delegated legislation tabled in the Senate, made under 19 separate enabling Acts administered through 12 Departments of State.

Of the 50 instruments, six 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 50 instruments, eight were made by the Governor-General or Ministers and 42 were made by public officials. Of the six sets of Statutory Rules, all were made as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

11-14 MAY 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

Direction No.NPFD 28

Quarantine Determination No.2 of 1999 under section 86E of the Quarantine Act 1908

ATTORNEY-GENERAL’S DEPARTMENT

CEO Instruments of Approval Nos 1-10 of 1999 under section 4A of the Customs Act 1901 and section 4AA of the Excise Act 1901

Federal Court Amendment Rules 1999 (No.2)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Radiocommunications (Charges) Determination No.1 of 1999

Radiocommunications (Receiver Licence Tax) Determination No.1 of 1996 Amendment 1999 (No.1)

Radiocommunications (Transmitter Licence Tax) Determination No.1 of 1996 Amendment 1999 (No.1)

Telecommunications (Charges) Determination No.1 of 1999

Telecommunications (Nominated Carrier Declaration Application Charge) Determination 1999

DEPARTMENT OF DEFENCE

Defence Determination 1999/11

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determinations Nos T27-98-T30-98 and T8-99 under the Higher Education Funding Act 1988

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Australian Industrial Relations Commission Amendment Rules 1999 (No.2)

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No.1)

Workplace Relations Amendment Regulations 1999 (No.3)

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99/ESP2) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (99/ESP4) under subsection 18(1) of the Endangered Species Protection Act 1992

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Adult Disability Assessment Determination 1999

DEPARTMENT OF HEALTH AND AGED CARE

Allocation Amendment Principles 1999 (No.2)

Declaration No.PB 4 of 1999 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 5 of 1999 under subsection 85 (2AA) of the National Health Act 1953

Determination No.PB 6 of 1999 under paragraph 98C(1)(b) of the National Health Act 1953

Extra Service Amendment Principles 1999 (No.2)

Residential Care Grant Amendment Principles 1999 (No.2)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Agents Amendment Regulations 1999 (No.1)

Migration Amendment Regulations 1999 (No.4)

DEPARTMENT OF THE TREASURY

Prudential Rules No.33 – Variation of Prudential Rules No.26

Prudential Rules No.35 – Financial Statements (s.82(5))

Variation of Prudential Rules No.35 – Financial Statements (S.82(5))

DEPARTMENT OF VETERANS’ AFFAIRS

Revocation and Determination of Statements of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (4)

Revocation and Determination of Statements of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (5)

DELEGATED LEGISLATION TABLED IN THE SENATE

11-14 MAY 1999

DEPARTMENT OF STATE

NUMBER OF INSTRUMENTS

   
Agriculture, Fisheries and Forestry

2

Attorney-General’s

11

Communications, Information Technology and the Arts

5

Defence

1

Education, Training and Youth Affairs

5

Employment, Workplace Relations and Small Business

3

Environment and Heritage

2

Family and Community Services

1

Finance and Administration

0

Foreign Affairs and Trade

0

Health and Aged Care

6

Immigration and Multicultural Affairs

2

Industry, Science and Resources

0

Prime Minister and Cabinet

0

Transport and Regional Services

0

Treasury

3

Veterans’ Affairs

9

   
Total

50

DELEGATED LEGISLATION TABLED IN THE SENATE

11-14 MAY 1999

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

Aged Care Act 1997

3

Australian Communications Authority Act 1997

3

Customs Act 1901

10

Defence Act 1903

1

Endangered Species Protection Act 1992

2

Excise Act 1901

10

Federal Court of Australia Act 1976

1

Fisheries Management Act 1991

1

Higher Education Funding Act 1988

5

Life Insurance Act 1995

3

Migration Act 1958

2

National Health Act 1953

3

Occupational Health and Safety (Commonwealth Employment) Act 1991

1

Quarantine Act 1908

1

Radiocommunications (Receiver Licence Tax) Act 1983

1

Radiocommunications (Transmitter Licence Tax) Act 1983

1

Social Security Act 1991

1

Veterans’ Entitlements Act 1986

9

Workplace Relations Act 1996

2

   
Total

60

(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

Direction No.NPFD 28 under s.17(5A) of the Fisheries Management Act 1991
Fisheries Management Act 1991
Made 30/03/99
Tabled 11/05/99 S 11/05/99 HR
Summary Corrects administrative errors in two previous directions.
 
Quarantine Determination No.2 of 1998 under s.86E of the Quarantine Act 1908
Quarantine Act 1908
Made 22/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Varies Seaports Program fees and introduces a new fee in relation to ballast water.
 

ATTORNEY-GENERAL’S DEPARTMENT

CEO Instrument of Approval No.1 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.2 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.3 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.4 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.5 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.6 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.7 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.8 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.9 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
CEO Instrument of Approval No.10 of 1999 under s.4A of the Customs Act 1901 and s.4AA of the Excise Act 1901
Customs Act 1901
Excise Act 1901
Made 19/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Approves a form for the purposes of the Acts.
 
Federal Court Amendment Rules 1999 (No.2)
Statutory Rules 1999 No.70
Federal Court of Australia Act 1976
Made 22/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Amend the Native Title Rules to permit a claimant application to be amended.
 

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Radiocommunications (Charges) Determination No.1 of 1999 under s.53 of the Australian Communications Authority Act 1997
Australian Communications Authority Act 1997
Made 23/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Determines charges relating to expenses incurred by the ACA.
 
Radiocommunications (Receiver Licence Tax) Determination No.1 of 1996 Amendment 1999 (No.1) under s.7 of the Radiocommunications (Receiver Licence Tax) Act 1983
Radiocommunications (Receiver Licence Tax) Act 1983
Made 23/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Revises the schedule of licence fees.
 
Radiocommunications (Transmitter Licence Tax) Determination No.1 of 1996 Amendment 1999 (No.1) under s.7 of the Radiocommunications (Transmitter Licence Tax) Act 1983
Radiocommunications (Transmitter Licence Tax) Act 1983
Made 23/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Revises the schedule of licence fees.
 
Telecommunications (Charges) Determination No.1 of 1999 under s.53 of the Australian Communications Authority Act 1997
Australian Communications Authority Act 1997
Made 23/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Revises the schedule of charges.
 
Telecommunications (Nominated Carrier Declaration Application Charge) Determination 1999 under s.53 of the Australian Communications Authority Act 1997
Australian Communications Authority Act 1997
Made 23/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Varies charges relating to applications by a carrier.
 

DEPARTMENT OF DEFENCE

Defence Determination 1999/11
Defence Act 1903
Made 30/04/99
Tabled 12/05/99 S 12/05/99 HR
Summary Varies the District Allowance.
 

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T27-98 under s.16 of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revises the level of base operating grants in 1998 for adjustments to Higher Education Contribution Scheme liabilities.
 
Determination No.T28-98 under s.15 of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revises the level of base operating grants in 1998 for adjustments to Higher Education Contribution Scheme liabilities.
 
Determination No.T29-98 under s.15 of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revises the level of base operating grants in 1998 to make an adjustment for fee paying undergraduates and postgraduates loads.
 
Determination No.T30-98 under s.15 of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Adjusts Institutions Base Operating Grants for under and over enrolments in 1988.
 
Determination No.T8-99 under s.20A of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made 20/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Provides for advances to Deakin University in 1999 from future years operating grants.
 

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Australian Industrial Relations Commission Amendment Rules 1999 (No.2)
Statutory Rules 1999 No.71
Workplace Relations Act 1996
Made 5/05/99
Tabled 13/05/99 S 13/05/99 HR
Summary Make various amendments to reflect the disallowance of Workplace Relations Amendment Regulations 1998 (No.2) and (No.3).
 
Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.66
Occupational Health and Safety (Commonwealth Employment) Act 1991
Made 30/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Prohibit the use of a number of hazardous substances with carcinogenic properties.
 
Workplace Relations Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.67
Workplace Relations Act 1996
Made 30/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Allow inspectors to apply for orders relating to strike pay provisions.
 

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Declaration (99/ESP2) under s.18(1) of the Endangered Species Protection Act 1992
Endangered Species Protection Act 1992
Made 28/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Amends the schedule of threatened species.
 
Declaration (99/ESP4) under s.18(1) of the Endangered Species Protection Act 1992
Endangered Species Protection Act 1992
Made 28/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Amends the schedule of threatened species.
 

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Adult Disability Assessment Determination 1999 under s.38C of the Social Security Act 1991
Social Security Act 1991
Made 28/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Provides for the assessment of disability, emotional state, behaviour and special care needs of an adult.
 

DEPARTMENT OF HEALTH AND AGED CARE

Allocation Amendment Principles 1999 (No.2) under s.96-1 of the Aged Care Act 1997
Aged Care Act 1997
Made 5/05/99
Tabled 14/05/99 S 13/05/99 HR
Summary Sets out the matters that the Secretary must consider with respect to the allocation of places.
 
Declaration No.PB 4 of 1999 under s.85(2) of the National Health Act 1953
National Health Act 1953
Made 15/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Amends the list of drugs and medicinal preparations available as pharmaceutical benefits.
 
Declaration No.PB 5 of 1999 under s.85(2AA) of the National Health Act 1953
National Health Act 1953
Made 15/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Declares a certain drug and medicinal preparations no longer to be pharmaceutical benefits.
 
Determination No.PB 6 of 1999 under paragraph 98(1)(b) of the National Health Act 1953
National Health Act 1953
Made 15/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Sets out the conditions under which payments will be made in respect of the supply of pharmaceutical benefits by approved pharmacists.
 
Extra Service Amendment Principles 1999 (No.2) under s.96-1 of the Aged Care Act 1997
Aged Care Act 1997
Made 5/05/99
Tabled 14/05/99 S 13/05/99 HR
Summary Provides for increased diversity of choice for extra services to care recipients.
 
Residential Care Grant Amendment Principles 1999 (No.2) under s.96-1 of the Aged Care Act 1997
Aged Care Act 1997
Made 5/05/99
Tabled 14/05/99 S 13/05/99 HR
Summary Provides for the choice of a provider and a range of services to meet recipient care needs.
 

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Agents Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.69
Migration Act 1958
Made 30/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Provide that a migration agent must not make representations that he or she can procure a particular decision for a client.
 
Migration Amendment Regulations 1999 (No.4)
Statutory Rules 1999 No.68
Federal Court of Australia Act 1976
Made 30/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Prescribe the way in which applications for review of a decision to the Migration Review Tribunal must be made.
 

DEPARTMENT OF THE TREASURY

Prudential Rules No.33 - Variation of Prudential Rules No.26
Life Insurance Act 1995
Made 21/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Incorporates the broad principles, concepts and structure for financial reporting for life insurance companies.
 
Prudential Rules No.35 - Financial Statements (s.82(5))
Life Insurance Act 1995
Made 31/03/99
Tabled 12/05/99 S 11/05/99 HR
Summary Incorporates the broad principles, concepts and structure for financial reporting for life insurance companies.
 
Variation of Prudential Rules No.35 – Financial Statements (s.82(5))
Life Insurance Act 1995
Made 20/04/99
Tabled 12/05/99 S 11/05/99 HR
Summary Corrects cross referencing errors.
 

DEPARTMENT OF VETERANS’ AFFAIRS

Revocation and Determination of Statement of Principles under s.196B(3) of the Veterans’ Entitlements Act 1986
Instrument No.33 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statements of Principles (Instruments Nos 40 and 51 of 1998) and determines a Statement of Principles concerning renal artery atherosclerotic disease.
 
Revocation and Determination of Statement of Principles under s.196B(2) of the Veterans’ Entitlements Act 1986
Instrument No.34 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.39 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the bile duct.
 
Revocation and Determination of Statement of Principles under s.196B(3) of the Veterans’ Entitlements Act 1986
Instrument No.35 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.40 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the bile duct.
 
Revocation and Determination of Statement of Principles under s.196B(2) of the Veterans’ Entitlements Act 1986
Instrument No.36 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.31 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the gallbladder.
 
Revocation and Determination of Statement of Principles under s.196B(3) of the Veterans’ Entitlements Act 1986
Instrument No.37 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.32 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the gallbladder.
 
Revocation and Determination of Statement of Principles under s.196B(2) of the Veterans’ Entitlements Act 1986
Instrument No.38 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.80 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.39 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.81 of 1998) and determines a Statement of Principles concerning ischaemic heart disease.
 
Revocation and Determination of Statement of Principles under s.196B(2) of the Veterans’ Entitlements Act 1986
Instrument No.40 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.203 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the brain.
 
Revocation and Determination of Statement of Principles under s.196B(3) of the Veterans’ Entitlements Act 1986
Instrument No.41 of 1999
Veterans’ Entitlements Act 1986
Made 27/04/99
Tabled 11/05/99 S 11/05/99 HR
Summary Revokes Statement of Principles (Instrument No.204 of 1995) and determines a Statement of Principles concerning malignant neoplasm of the brain.
 

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