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. |
| |