Monitor No. 15 1999
DELEGATED LEGISLATION MONITOR
This week there were 41 disallowable instruments of delegated legislation
tabled in the Senate, made under 18 separate enabling Acts administered
through ten Departments of State.
Of the 41 instruments, five 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 41 instruments, 13 were made by the Governor-General or Ministers
and 28 were made by public officials. Of the five sets of Statutory Rules
all were made as amending instruments.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
27-30 SEPTEMBER 1999
Number of Instruments by Department
Number of Instruments made under Acts
ATTORNEY-GENERAL’S DEPARTMENT
Customs (Prohibited Exports) Amendment Regulations 1999 (No.4)
Customs (Prohibited Imports) Amendment Regulations 1999 (No.4)
Defence (Visiting Forces) Amendment Regulations 1999 (No.1)
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Spectrum Re-allocation Declaration 1999 (No.2)
Telecommunications Labelling (Customer Equipment and Customer Cabling)
Amendment Notice 1999
DEPARTMENT OF DEFENCE
Defence Determinations 1999/35-1999/39
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Declaration (99ESP06) under subsection 18(1) of the Endangered Species
Protection Act 1992
Declaration (99ESP07) under subsection 18(1) of the Endangered Species
Protection Act 1992
Declaration (99ESP09) under subsection 18(1) of the Endangered Species
Protection Act 1992
Declaration (99ESP010) under subsection 18(1) of the Endangered Species
Protection Act 1992
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Amendment
Determination 1999 (No.1)
DEPARTMENT OF HEALTH AND AGED CARE
Commission’s Additional Functions (Disclosure of Childcare Rebate
information) Determination
Determination Nos IHS14/1999-IHS15/1999 under paragraph (bj) of Schedule
1 of the National Health Act 1953
Health Insurance (1998-99 Diagnostic Imaging Services Table) Amendment
Regulations 1999 (No.3)
Residential Care Subsidy Amendment Principles 1999 (No.1)
DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS
Immigration Amendment Regulations 1999 (No.11)
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Australian Agency for International Development Determination 1999/3
Foreign Affairs and Trade Determinations 1999/11, and 1999/13-1999/17
Public Service (Defence) Determination 1999/6
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Electricity Fees Determination No.1 of 1999
Electricity Fees/Tariffs Determination under sections 3, 4 and 5 of the
Utilities and Services Ordinance 1996
Exemption Nos CASA 30/1999-CASA 34/1999 under regulation 208
of the Civil Aviation Regulations
First Amending Agreement under section 67AZR of the Australian National
Railways Commission Act 1983
List if Acts of the Western Australian Parliament under section 8B of
the Christmas Island Act 1958
List if Acts of the Western Australian Parliament under section 8B of
the Cocos (Keeling) Islands Act 1955
Water Consumption Fees Determination under sections 3, 4 and 5 of the
Utilities and Services Ordinance 1996
DEPARTMENT OF THE TREASURY
Variation of Instrument Fixing Charges to be Paid to APRA under paragraph
51(1)(a) of the Australian Prudential Regulation Authority Act 1998
DELEGATED LEGISLATION TABLED IN THE
SENATE
27-30 SEPTEMBER 1999
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Agriculture, Fisheries and Forestry |
0
|
| Attorney-General’s |
3
|
| Communications, Information Technology
and the Arts |
2
|
| Defence |
5
|
| Education, Training and Youth Affairs |
0
|
| Employment, Workplace Relations and Small
Business |
0
|
| Environment and Heritage |
4
|
| Family and Community Services |
1
|
| Finance and Administration |
0
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
5
|
| Immigration and Multicultural Affairs |
1
|
| Industry, Science and Resources |
0
|
| Prime Minister and Cabinet |
8
|
| Transport and Regional Services |
11
|
| Treasury |
1
|
| Veterans’ Affairs |
0
|
| |
|
| Total |
41
|
DELEGATED LEGISLATION TABLED IN THE SENATE
27-30 SEPTEMBER 1999
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER
OF INSTRUMENTS MADE UNDER EACH ACT
| Aged Care Act 1997 |
1
|
| Australian National Railways Commission
Act 1983 |
1
|
| Australian Prudential Regulation Authority
Act 1998 |
1
|
| Christmas Island Act 1958 |
2
|
| Civil Aviation Act 1988 |
5
|
| Cocos (Keeling) Islands Act 1955 |
3
|
| Customs Act 1901 |
2
|
| Defence Act 1903 |
5
|
| Defence (Visiting Forces) Act 1963 |
1
|
| Endangered Species Protection Act 1992 |
4
|
| Health Insurance Act 1973 |
1
|
| Health Insurance Commission Act 1973 |
1
|
| Migration Act 1958 |
1
|
| National Health Act 1953 |
2
|
| Public Service Act 1922 |
8
|
| Radiocommunications Act 1992 |
1
|
| Social Security Act 1991 |
1
|
| Telecommunications Act 1997 |
1
|
| |
|
| Total |
41
|
ATTORNEY-GENERAL’S DEPARTMENT
Customs (Prohibited Exports) Amendment
Regulations 1999 (No.4)
Statutory Rules 1999 No.216 |
| Customs Act 1901 |
| Made |
17/09/99 |
| Tabled |
27/09/99 S |
23/09/99 HR |
| Summary |
Allow the countries participating
in the multinational force set up under Security Council Resolution
1264 (1999) to export weapons and associated items from Australia. |
| |
Customs (Prohibited Imports) Amendment
Regulations 1999 (No.4)
Statutory Rules 1999 No.217 |
| Customs Act 1901 |
| Made |
17/09/99 |
| Tabled |
27/09/99 S |
23/09/99 HR |
| Summary |
Allow the countries participating
in the multinational force set up under Security Council Resolution
1264 (1999) to import weapons and associated items into Australia. |
| |
Defence (Visiting Forces) Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.218 |
| Defence (Visiting Forces) Act 1963 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Ensure that the enabling Act
will apply to the Defence Forces of those countries which may or will
be taking part in the multinational peace-keeping force in East Timor. |
DEPARTMENT OF COMMUNICATIONS, INFORMATION
TECHNOLOGY AND THE ARTS
| Spectrum Re-allocation Declaration 1999
(No.2) under s.153B(1) of the Radiocommunications Act 1992 |
| Radiocommunications Act 1992 |
| Made |
27/09/99 |
| Tabled |
28/09/99 S |
28/09/99 HR |
| Summary |
Reallocates that part of the
radio frequency spectrum available to provide personal communications
services. |
| |
| Telecommunications Labelling (Customer
Equipment and Customer Cabling) Amendment Notice 1999 (No.1) under
s.407 of the Telecommunications Act 1997 |
| Telecommunications Act 1997 |
| Made |
19/08/99 |
| Tabled |
28/09/99 S |
23/09/99 HR |
| Summary |
Gives effect to an additional
arrangement for compliance of certain mobile telephone handsets. |
DEPARTMENT OF DEFENCE
| Defence Determination 1999/35 |
| Defence Act 1903 |
| Made |
15/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises a completion bonus
for certain sailors in the Submarine Arm of the Navy. |
| |
| Defence Determination 1999/36 |
| Defence Act 1903 |
| Made |
16/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises a new allowance
for medical officers in the Reserve Forces. |
| |
| Defence Determination 1999/37 |
| Defence Act 1903 |
| Made |
21/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises payment of a Deployment
Allowance to members of the Defence Force who are assigned for duty
with a United Nations mission or similar force. |
| |
| Defence Determination 1999/38 |
| Defence Act 1903 |
| Made |
21/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises payment of a supplementary
East Timor Peace Enforcement Allowance to members of the Defence Force
who have been deployed for service in East Timor. |
| |
| Defence Determination 1999/39 |
| Defence Act 1903 |
| Made |
21/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises increases in the
rates of Meal Allowance. |
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
| Declaration (99ESP06) under s.18(1)
of the Endangered Species Protection Act 1992 |
| Endangered Species Protection Act
1992 |
| Made |
22/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Adds the Christmas Island Goshawk
to Part 1 of Schedule 1 to that Act, and the Boullanger Island Dunnart
to Part 2 thereof. |
| |
| Declaration (99ESP07) under s.18(1)
of the Endangered Species Protection Act 1992 |
| Endangered Species Protection Act
1992 |
| Made |
22/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Adds the Buloke Woodlands of
the Riverina and Murray-Darling Depression to Schedule 2 to that Act. |
| |
| Declaration (99ESP09) under s.18(1)
of the Endangered Species Protection Act 1992 |
| Endangered Species Protection Act
1992 |
| Made |
22/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Adds the Semi-evergreen Vine
Thickets of the Brigalow Belt South Bioregion to Schedule 2 to that
Act. |
| |
| Declaration (99ESP010) under s.18(1)
of the Endangered Species Protection Act 1992 |
| Endangered Species Protection Act
1992 |
| Made |
22/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Adds the Grassy White Box Woodlands
to Schedule 2 to that Act. |
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
| Asset-test Exempt Income Stream (Lifetime
Income Stream Guidelines) Amendment Determination 1999 (No.1) under
s.9A(6) of the Social Security Act 1991 |
| Social Security Act 1991 |
| Made |
1/09/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Specifies the matters to which
the Secretary of the Department of Family and Community Services must
have regard in considering whether the income stream arising from
a public sector fund or a public sector superannuation scheme or a
private sector fund is exempt from the asset test imposed by that
Act. |
DEPARTMENT OF HEALTH AND AGED CARE
| Commission’s Additional Functions
(Disclosure of Childcare Rebate Information) Determination (HICA 8AA(4)/1/1999)
under s.8AA(4) of the Health Insurance Commission Act 1973 |
| Health Insurance Commission Act 1973 |
| Made |
9/09/99 |
| Tabled |
29/09/99 S |
28/09/99 HR |
| Summary |
Declares that it is a function
of the Health Insurance Commission to disclose information that it
collects under the Childcare Rebate Act 1993 to Centrelink
so that the latter office can prepare a mail out of Family Assistance
Office information. |
| |
| Determination No.IHS14/1999 under paragraph
(bj) of Schedule 1 of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
19/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Allows for an increase in the
benefits payable for overnight accommodation to the Nursing Home Type
Patients in public hospitals. |
| |
| Determination No.IHS15/1999 under paragraph
(bj) of Schedule 1 of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
23/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Allows for an increase in the
benefits payable for overnight accommodation to the Nursing Home Type
Patients in public hospitals in Western Australia. |
| |
Health Insurance (1998-99 Diagnostic
Imaging Services Table) Amendment Regulations 1999 (No.3)
Statutory Rules 1999 No.219 |
| Health Insurance Act 1973 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Require a statutory declaration
in respect of Magnetic Resonance Imaging equipment for which it is
intended to claim Medicare benefits to be provided to the Health Insurance
Commission by 11 October 1999. |
| |
| Residential Care Subsidy Amendment Principles
1999 (No.1) under subsection 96-1(1) of the Aged Care Act
1997 |
| Aged Care Act 1997 |
| Made |
27/09/99 |
| Tabled |
27/09/99 S |
28/09/99 HR |
| Summary |
Limits the class of persons
to whom the word "homeowner" in sections 44-7 and 44-8 of
the enabling Act applies. |
DEPARTMENT OF IMMIGRATION AND MULTICULTURAL
AFFAIRS
Migration Amendment Regulations 1999
(No.11)
Statutory Rules 1999 No.220 |
| Migration Act 1958 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Make a variety of amendments
to the Principal Regulations. |
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.)
| Australian Agency for International
Development Determination 1999/3 * |
| Public Service Act 1922 |
| Made |
24/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Makes a temporary increase
in the Difficult Post Allowance for officers of the Agency on long-term
posting to Indonesia (except Dili). |
| |
| Foreign Affairs and Trade Determination
1999/11 * |
| Public Service Act 1922 |
| Made |
24/09/99 |
| Tabled |
30/09/99 S |
29/09/99 HR |
| Summary |
Makes a temporary increase
in the Difficult Post Allowance for officers of the Department of
Foreign Affairs and trade on long-term posting to Indonesia (except
Dili and Bali). |
| |
| Foreign Affairs and Trade Determination
1999/13 * |
| Public Service Act 1922 |
| Made |
9/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Amends the rates of Overseas
Living Allowance and supplementary allowances for eligible officers
of the Department of Foreign Affairs and Trade in various localities. |
| |
| Foreign Affairs and Trade Determination
1999/14 * |
| Public Service Act 1922 |
| Made |
9/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Amends the rates of Overseas
Living Allowance and supplementary allowances for eligible officers
of the Department of Foreign Affairs and Trade in various localities. |
| |
| Foreign Affairs and Trade Determination
1999/15 * |
| Public Service Act 1922 |
| Made |
20/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Authorises the payment of a
special allowance, and a new rate of Difficult Post Allowance, for
staff at the Australian Consulate at Dili. |
| |
| Foreign Affairs and Trade Determination
1999/16 * |
| Public Service Act 1922 |
| Made |
24/09/99 |
| Tabled |
30/09/99 S |
29/09/99 HR |
| Summary |
Reduces the Difficult Post
Allowance for officers of the Department of Foreign Affairs and Trade
on long-term positing to Lebanon and Vietnam, and provides staff in
Malaysia with an assisted leave fare to Australia, rather than to
Singapore. |
| |
| Foreign Affairs and Trade Determination
1999/17 * |
| Public Service Act 1922 |
| Made |
27/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Corrects an unintended effect
of an amendment made by Foreign Affairs and Trade Determination 1999/8. |
| |
| Public Service (Defence) Determination
1999/6 * |
| Public Service Act 1922 |
| Made |
28/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Authorises a supplementary
East Timor Allowance for officers of the Department of Defence performing
duty in support of the International Force in East Timor. |
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
| Electricity Fees Determination No.1
of 1999 under s.4 of the Utilities and Services Ordinance 1996 |
| Christmas Island Act 1958 |
| Made |
22/9/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Establishes various fees and
charges for electricity in that Territory. |
| |
| Electricity Fees/Tariffs Determination
under ss.3, 4 and 5 of the Cocos (Keeling) Islands Act 1955 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
20/09/99 |
| Tabled |
29/09/99 S |
28/09/99 HR |
| Summary |
Establishes various fees and
tariffs for electricity in that Territory. |
| |
| Exemption No.CASA 30/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
21/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Exempts a Shadow Hunter AR
Mk 3 pilotless aircraft from compliance with most of the provisions
of those regulations while it is being flown for the purpose of aerial
surveying by, or on behalf of, Stewart Topping. |
| |
| Exemption No.CASA 31/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Exempts aircraft VH-MRS from
compliance with subregulation 16(6) of those regulations relating
to the size and placement of nationality and registration marks. |
| |
| Exemption No.CASA 32/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Exempts aircraft VH-NLR from
compliance with subregulation 16(6) of those regulations relating
to the size and placement of nationality and registration marks. |
| |
| Exemption No.CASA 33/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Exempts aircraft VH-CCO from
compliance with subregulation 16(6) of those regulations relating
to the size and placement of nationality and registration marks. |
| |
| Exemption No.CASA 34/1999 under
r.308 of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
22/09/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Exempts aircraft VH-CHN from
compliance with subregulation 16(6) of those regulations relating
to the size and placement of nationality and registration marks. |
| |
| First Amending Agreement under s.67AZR
of the Australian National Railways Commission Act 1983 |
| Australian National Railways Commission
Act 1983 |
| Made |
21/09/99 |
| Tabled |
28/09/99 S |
27/09/99 HR |
| Summary |
Makes such changes as are necessary
to allow for the winding up of the Australian National Railways Commission
and the repeal of the Australian National Railways Commission Act
1983. |
| |
| List of Acts of the Western Australian
Parliament under s.9B of the Christmas Island Act 1958 |
| Christmas Island Act 1958 |
| Made |
24/09/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Lists Western Australian Acts
applying to the Territory of Christmas Island. |
| |
| List of Acts of the Western Australian
Parliament under s.9B of the Cocos (Keeling) Islands Act
1955 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
24/09/99 |
| Tabled |
30/09/99 S |
30/09/99 HR |
| Summary |
Lists Western Australian Acts
applying to the Territory of Cocos (Keeling) Islands. |
| |
| Water Consumption Fees Determination
under ss.3, 4 and 5 of the Cocos (Keeling) Islands Act 1955 |
| Cocos (Keeling) Islands Act 1955 |
| Made |
20/09/99 |
| Tabled |
29/09/99 S |
28/09/99 HR |
| Summary |
Introduces various fees for
water consumption in that Territory. |
DEPARTMENT OF THE TREASURY
| Variation of Instrument Fixing Charges
to be Paid to APRA under paragraph 51(1)(a) of the Australian
Prudential Regulation Authority Act 1998 |
| Australian Prudential Regulation
Authority Act 1998 |
| Made |
19/08/99 |
| Tabled |
27/09/99 S |
27/09/99 HR |
| Summary |
Increases the maximum fee for
Actuarial Consulting and the charge for the Australian Life Tables. |