Monitor No. 14 1999 (Part A)


Monitor No. 14 1999 (Part A)

DELEGATED LEGISLATION MONITOR

This week there were 109 disallowable instruments of delegated legislation tabled in the Senate, made under 36 separate enabling Acts administered through 14 Departments of State.

Of the 109 instruments, 21 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 109 instruments, 35 were made by the Governor-General or Ministers and 74 were made by public officials. Of the 21 sets of Statutory Rules, two were made as principal instruments and 19 as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

20-23 SEPTEMBER 1999

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

1999 SBT Final TAC Determination

Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No.1)

Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Amendment Order 1999 (No.1)

Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Amendment Order 1999 (No.2)

Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Order 1999 (No.2)

Prescribed Goods (General) Amendment Orders 1999 (No.1)

Primary Industries Levies and Charges (National Residue Survey Levies)

Amendment Regulations 1999 (No.3)

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.3)

Customs (Prohibited Imports) Amendment Regulations 1999 (No.2)

Customs (Prohibited Imports) Amendment Regulations 1999 (No.3)

Extradition (Poland) Regulations 1999

High Court Amendment Rules 1999 (No.1)

Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No.2)

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Radiocommunications (Spectrum Licence Tax) Determination 1999

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No.1 of 1999)

Telecommunications Numbering Plan Amendment 1999 (No.2)

Telstra Carrier Charges – Price Control Arrangements, Notification and Disallowance Determination No.1 of 1999

DEPARTMENT OF DEFENCE

Defence Determinations 1999/31-1999/34

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Workplace Relations Amendment Regulations 1999 (No.4)

Workplace Relations Amendment Regulations 1999 (No.5)

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

National Environment Protection Measures (Implementation) Regulations 1999

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Charter of the United Nations (Sanctions – Angola) Amendment Regulations 1999 (No.1)

Charter of the United Nations (Sanctions – Sierra Leone) Amendment Regulations 1999 (No.1)

DEPARTMENT OF HEALTH AND AGED CARE

Accountability Amendment Principles 1999 (No.1)

Accreditation Grant Principles 1999

Declaration QAA No.2/1999 under section 124X of the Health Insurance Act 1973

Determination Nos IHS 10/1999 and IHS 11/1999 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Guidelines No.IHS12/1999 under subsection 23EA(5) of the Health Insurance Act 1973

Guidelines No.IHS13/1999 under subsection 5B(5) of the National Health Act 1953

Health Insurance Determinations HS/2/1999-HS/4/1999

Therapeutic Goods Amendment Regulations 1999 (No.2)

Therapeutic Goods (Manufacturing Principles) Determination No.1 of 1999 (MP1/1999)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1999 (No.10)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

National Measurement Guidelines 1999

Trade Marks Amendment Regulations 1999 (No.3)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Locally Engaged Staff Determination 1999/21

Senior Executive Service Retirement on Benefit Determinations 1999/46-1999/50

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Amendment Regulations 1999 (No.3)

Civil Aviation Orders, Parts 20 and 82

Civil Aviation Orders, Part 105 (39)

Civil Aviation Orders, Part 106 (7)

Exemption Nos CASA 28/1999 and CASA 29/1999 under subregulation 308(1) of the Civil Aviation Regulations

Instrument No.CASA 979/99 under subregulation 207(2) of the Civil Aviation Regulations

Road Transport Reform (Dangerous Goods) Amendment Regulations 1999 (No.1)

Road Vehicle (National Standards) Determination No.1 of 1999

DEPARTMENT OF THE TREASURY

Corporations Amendment Regulations 1999 (No.4)

Currency Determination 1999 (No.3)

Currency Determination 1999 (No.4)

Excise Amendment Regulations 1999 (No.1)

Foreign Acquisitions and Takeovers Amendment Regulations 1999 (No.1)

Income Tax Assessment (Determination of Offshore Banking Units) Guidelines 1999

Prudential Rules No.47 – Friendly Society Financial Statements (s.82(5))

Variation of Prudential Rules No.40 – Approval of Benefit Fund Rules (s.16L(2) & (4)(b))

DEPARTMENT OF VETERANS’ AFFAIRS

Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines)

Amendment Determination 1999

DELEGATED LEGISLATION TABLED IN THE SENATE

20-23 SEPTEMBER 1999

DEPARTMENT OF STATE

NUMBER OF INSTRUMENTS
   
Agriculture, Fisheries and Forestry

7
Attorney-General’s

6
Communications, Information Technology and the Arts

4
Defence

4
Education, Training and Youth Affairs

0
Employment, Workplace Relations and Small Business

2
Environment and Heritage

1
Family and Community Services

0
Finance and Administration

0
Foreign Affairs and Trade

2
Health and Aged Care

12
Immigration and Multicultural Affairs

1
Industry, Science and Resources

2
Prime Minister and Cabinet

6
Transport and Regional Services

53
Treasury

8
Veterans’ Affairs

1
   
Total

109

DELEGATED LEGISLATION TABLED IN THE SENATE

20-23 SEPTEMBER 1999

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

Aged Care Act 1997

2
Agricultural and Veterinary Chemicals Code Act 1994

1
Australian Meat and Live-stock Industry Act 1997

3
Defence Act 1903

4
Charter of United Nations Act 1945

2
Civil Aviation Act 1988

51
Corporations Act 1989

1
Currency Act 1965

2
Customs Act 1901

3
Excise Act 1901

1
Export Control Act 1982

1
Extradition Act 1988

1
Fisheries Management Act 1991

1
Foreign Acquisitions and Takeovers Act 1975

1
Health Insurance Act 1973

5
Income Tax Assessment Act 1936

1
Judiciary Act 1903

1
Life Insurance Act 1995

2
Migration Act 1958

1
Motor Vehicle Standards Act 1989

1
Mutual Assistance in Criminal Matters Act 1987

1
National Environment Protection Measures (Implementation) Act 1998

1
National Health Act 1953

3
National Measurement Act 1960

1
National Residue Survey (Customs) Levy Act 1998

1
National Residue Survey (Excise) Levy Act 1998

1
Primary Industries Levies and Charges Collection Act 1991

1
Public Service Act 1922

6
Radiocommunications (Spectrum Licence Tax) Act 1997

1
Road Transport Reform (Dangerous Goods) Act 1995

1
Therapeutic Goods Act 1989

2
Telecommunications Act 1997

2
Telstra Corporation Act 1991

1
Trade Marks Act 1995

1
Veterans’ Entitlements Act 1986

1
Workplace Relations Act 1996

2
   
Total

111

(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

1999 SBT Final TAC Determination
Fisheries Management Act 1991
Made 27/08/99
Tabled 23/09/99 S 22/09/99 HR
Summary Sets Australia’s national catch allocation in the Southern Bluefin Tuna Fishery at 5,265,000 kilograms for the season from 1 December 1998 to 30 November 1999.
 
Agricultural and Veterinary Chemicals Code Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.215
Agricultural and Veterinary Chemicals Code Act 1994
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Add various products to the list of "Restricted Chemical Products’ in the Principal Regulations.
 
Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Amendment Order 1999 (No.1) under s.17 of the Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry Act 1997
Made 28/08/99
Tabled 22/0/9/99 S 22/09/99 HR
Summary Makes it clear that a recipient of a quota under the above Order may not trade any of that quota, including the initial allocation.
 
Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Amendment Order 1999 (No.2) under s.17 of the Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry Act 1997
Made 16/09/99
Tabled 22/09/99 S 22/09/99 HR
Summary Corrects a typographical error.
 
Australian Meat and Live-stock Industry (Lamb Export to the United States of America) Order 1999 (No.2) under s.17 of the Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry Act 1997
Made 23/07/99
Tabled 22/09/99 S 22/09/99 HR
Summary Prohibits the export of lamb meat to the United States of America without approval, and provides for a quota system for the granting of such approvals.
 
Prescribed Goods (General Amendment Orders 1999 (No.1) under regulation 3 of the Export Control (Orders) Regulations
Export Control Act 1982
Made 30/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Gives effect to the Trans Tasman Mutual Recognition Agreement in relation to prescribed goods as defined by the Export Control Act 1982.
 
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.214
Primary Industries Levies and Charges Collection Act 1991
National Residue Survey (Customs) Levy Act 1998
National Residue Survey (Excise) Levy Act 1998
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Increase the National Residue Survey operative rate of customs and excise levy on honey from 0.25 cents per kilogram to 0.30 cents per kilogram, and make various changes to the Principal Regulations relating to aquatic animals.

ATTORNEY-GENERAL’S DEPARTMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.200
Customs Act 1901
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Introduce controls on the export of counterfeit credit, debit and charge cards.
 
Customs (Prohibited Imports) Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.201
Customs Act 1901
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Introduce controls on the importation of counterfeit credit, debit and charge cards.
 
Customs (Prohibited Imports) Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.202
Customs Act 1901
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Introduce controls on the importation of the substance Erythopoietin.
 
Extradition (Poland) Regulations 1999
Statutory Rules 1999 No.203
Extradition Act 1988
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Give effect in Australian domestic law to the treaty on extradition between Australia and the Republic of Poland.
 
High Court Amendment Rules 1999 (No.1)
Statutory Rules 1999 No.197
Judiciary Act 1903
Made 1/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Increase the amount which solicitors may charge in respect of proceedings in that Court.
 
Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.204
Mutual Assistance in Criminal Matters Act 1987
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Add Greece to the list of countries which are parties to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime.
 

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Radiocommunications (Spectrum Licence Tax) Determination 1999 under s.4(1) and s.7(1) of the Radiocommunications (Spectrum Licence Tax) Act 1997
Radiocommunications (Spectrum Licence Tax) Act 1997
Made 19/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Sets out the means to determine the amount of spectrum licence tax payable by the holder of such a licence.
 
Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No.1 of 1999) under s.6(3) of Schedule 3 of the Telecommunications Act 1997
Telecommunications Act 1997
Made 12/08/99
Tabled 22/09/99 S 21/09/99 HR
Summary Makes a variety of amendments to the Principal Determination in an attempt to clarify its objectives.
 
Telecommunications Numbering Plan Amendment 1999 (No.2) under s.455 of the Telecommunications Act 1997
Telecommunications Act 1997
Made 1/07/99
Tabled 20/09/99 S 20/09/99 HR
Summary Makes a variety of minor adjustments to the Numbering Plan relating to the numbering of carriage services.
 
Telstra Carrier Charges - Price Control Arrangements, Notification and Disallowance Determination No.1 of 1999 under subsections 20(1), 21(1) and 34(1) of the Telstra Corporation Act 1991
Telstra Corporation Act 1991
Made 29/06/99
Tabled 20/09/99 S 20/09/99 HR
Summary Sets the means by which charges by Telstra for various services are controlled.

DEPARTMENT OF DEFENCE

Defence Determination 1999/31
Defence Act 1903
Made 30/08/99
Tabled 20/09/99 S 2/09/99 HR
Summary Provides for a new rate of Child Care Reimbursement Allowance.
 
Defence Determination 1999/32
Defence Act 1903
Made 31/08/99
Tabled 20/09/99 S 2/09/99 HR
Summary Clarifies the application of provisions relating to members of the Defence Force undertaking training as an officer trainee or approved apprentice training.
 
Defence Determination 1999/33
Defence Act 1903
Made 6/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for an entitlement to Deployment Allowance for members of the Defence Force who have been deployed to enforce the southern no-fly zone over Iraq.
 
Defence Determination 1999/34
Defence Act 1903
Made 8/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for Recreation Leave and Deployment Allowance for members of the Defence Force who have been involved in various operations in the Balkans region.

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Workplace Relations Amendment Regulations 1999 (No.4)
Statutory Rules 1999 No.195
Workplace Relations Act 1996
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Alter the requirements for the publication and distribution by the Industrial Registrar of notices of application by industrial organisations.
 
Workplace Relations Amendment Regulations 1999 (No.5)
Statutory Rules 1999 No.205
Workplace Relations Act 1996
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Amend the Principal Regulations to give effect to the Government’s response to aspects of the report of the Joint Standing Committee on Electoral Matters concerning the role of the Electoral Commission in conducting industrial elections.

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

National Environment Protection Measures (Implementation) Regulations 1999
Statutory Rules 1999 No.206
National Environment Protection Measures (Implementation) Act 1998
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Prescribe those matters in the enabling Act as will enable National Environment Protection Measures to apply to the Commonwealth.

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Charter of the United Nations (Sanctions – Angola) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.207
Charter of the United Nations Act 1945
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Implement Australia’s obligations under resolution 1173 of the Security Council by extending the matters in relation to which trade and commerce between Australia and UNITA forces is prevented.
 
Charter of the United Nations (Sanctions – Sierra Leone) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.208
Charter of the United Nations Act 1945
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Implement Australia’s obligations under resolution 1171 of the Security Council by extending the matters in relation to which trade and commerce between Australia and persons other than the government of Sierra Leone is prevented.

DEPARTMENT OF HEALTH AND AGED CARE

Accountability Amendment Principles 1999 (No.1) under s.96-1(1) of the Aged Care Act 1997
Aged Care Act 1997
Made 2/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Makes a variety of changes to the Principal Regulations relating to representatives gaining access to residential care premises.
 
Accreditation Grant Principles 1999 under s.96-1(1) of the Aged Care Act 1997
Aged Care Act 1997
Made 2/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Establishes a legal framework for the accreditation of aged care facilities by an accreditation body.
 
Declaration QAA No.2/1999 under s.124X of the Health Insurance Act 1973
Health Insurance Act 1973
Made 8/09/99
Tabled 22/09/99 S 22/09/99 HR
Summary Applies Part VC of that Act to the Royal Australasian College of Surgeons’ Surgical Audit for Breast Disease and the Australia and New Zealand Heart Valve Registry.
 
Determination No.IHS 10/1999 under paragraph (bj) of Schedule 1 of the National Health Act 1953
National Health Act 1953
Made 28/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Amends the minimum level of benefits payable by a registered health benefits organisation in respect of overnight hospital accommodation for public hospitals in Western Australia.
 
Determination No.IHS 11/1999 under paragraph (bj) of Schedule 1 of the National Health Act 1953
National Health Act 1953
Made 28/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Amends the minimum level of benefits payable by a registered health benefits organisation in respect of same day hospital accommodation for public hospitals in Western Australia and makes other changes relating to Medicare benefits for diagnostic imaging.
 
Guidelines No.IHS 12/1999 under s.23EA(5) of the Health Insurance Act 1973
Health Insurance Act 1973
Made 30/08/99
Tabled 22/09/99 S 20/09/99 HR
Summary Lists the matters to which the Minister should have regard when declaring premises to be private hospitals for health insurance purposes.
 
Guidelines No.IHS 13/1999 under s.5B(5) of the National Health Act 1953
National Health Act 1953
Made 30/08/99
Tabled 22/09/99 S 20/09/99 HR
Summary Lists the matters to which the Minister should have regard when declaring premises to be a private day hospital facility for health insurance purposes.
 
Health Insurance Determination HS/2/1999 under s.3C(1) of the Health Insurance Act 1973
Health Insurance Act 1973
Made 7/09/99
Tabled 22/09/99 S 22/09/99 HR
Summary Provides for the payment of Medicare benefits for endoluminal grafting of abdominal aortic aneurysm.
 
Health Insurance Determination HS/3/1999 under s.3C(1) of the Health Insurance Act 1973
Health Insurance Act 1973
Made 7/09/99
Tabled 22/09/99 S 22/09/99 HR
Summary Provides for the payment of Medicare benefits for octreotide scintigraphy.
 
Health Insurance Determination HS/4/1999 under s.3C(1) of the Health Insurance Act 1973
Health Insurance Act 1973
Made 7/09/99
Tabled 22/09/99 S 22/09/99 HR
Summary Allows for revised Medicare benefits to be payable for all bone densitometry items in the Diagnostic Imaging Services Table.
 
Therapeutic Goods Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.209
Therapeutic Goods Act 1989
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Make necessary amendments to the Principal Regulations in the light of the establishment, by amending primary legislation, of the National Drugs and Poisons Schedule Committee.
 
Therapeutic Goods (Manufacturing Principles) Determination No.1 of 1999 (MP1/1999) under s.36 of the Therapeutic Goods Act 1989
Therapeutic Goods Act 1989
Made 22/07/99
Tabled 22/09/99 S 20/09/99 HR
Summary Specifies the Quality Assurance Systems with which manufacturers of therapeutic goods must comply.

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Amendment Regulations 1999 (No.10)
Statutory Rules 1999 No.198
Migration Act 1958
Made 8/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Amend the Principal Regulations to offer temporary safe haven to people fleeing the crisis in East Timor who arrive in Australia lawfully.

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

National Measurement Guidelines 1999 under s.7B of the National Measurement Act 1960
National Measurement Act 1960
Made 5/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Supplement the provisions of the National Measurement Regulations 1999.
 
Trade Marks Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.196
Trade Marks Act 1995
Made 9/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Clarify the requirements with which an applicant must comply if he or she claims priority on the basis of another trade mark application filed in another country party to the Paris Convention for the Protection of Industrial Property.

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 Determinations under the Act are made by officers of other agencies under subdelegation authorised by the Act. Any such Determinations are noted by an asterisk.)

Locally Engaged Staff Determination 199/21*
Public Service Act 1922
Made 2/09/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a particular salary and allowances to the Manager of the Regional Information Technology Support Centre, located in the Australian mission in Abu Dhabi.
 
Senior Executive Service Retirement on Benefit Determination 1999/46
Public Service Act 1922
Made 16/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a benefit on retirement to a specified officer.
 
Senior Executive Service Retirement on Benefit Determination 1999/47
Public Service Act 1922
Made 17/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a benefit on retirement to a specified officer.
 
Senior Executive Service Retirement on Benefit Determination 1999/48
Public Service Act 1922
Made 17/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a benefit on retirement to a specified officer.
 
Senior Executive Service Retirement on Benefit Determination 1999/49
Public Service Act 1922
Made 17/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a benefit on retirement to a specified officer.
 
Senior Executive Service Retirement on Benefit Determination 1999/50
Public Service Act 1922
Made 25/08/99
Tabled 20/09/99 S 20/09/99 HR
Summary Provides for the payment of a benefit on retirement to a specified officer.
 

Monitor No. 14 Part B