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-GENERALS 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-Generals |
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-GENERALS 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. |
|
Table of Contents