Monitor No. 17 1999
DELEGATED LEGISLATION MONITOR
This week there were 16 disallowable instruments of delegated legislation
tabled in the Senate, made under eight separate enabling Acts administered
through six Departments of State.
Of the 16 instruments, one is 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 16 instruments, nine were made by the Governor-General or Ministers
and seven were made by public officials. The one set of Statutory Rules
was made as an amending instrument.
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
18-21 OCTOBER 1999
Number of Instruments by Department
Number of Instruments made under Acts
ATTORNEY-GENERAL’S DEPARTMENT
Defence (Visiting Forces) Amendment Regulations 1999 (No.2)
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY
AND THE ARTS
Digital Data Service Provider Declaration 1999 (No.1)
DEPARTMENT OF FINANCE AND ADMINISTRATION
Financial Management and Accountability Orders (Amendment) 1999 (No.4)
DEPARTMENT OF HEALTH AND AGED CARE
Certification Amendment Principles 1999 (No.1)
Declaration No.PB12 of 1999 under subsection 85(2) of the National
Health Act 1953
Declaration No PB13 of 1999 under subsection 85(2AA) of the National
Health Act 1953
Determination No PB14 of 1999 under paragraph 98C(1)(b) of the National
Health Act 1953
National Health (Loyalty Bonus Scheme) Guidelines 1999
National Health (Maximum Percentage of Discounting of Contributions to
Organisations) Determination 1999
Records Amendment Principles 1999 (No.1)
Residential Care Subsidy Amendment Principles 1999 (No.2)
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Instrument No.CASA 1012/99 under subregulation 207(2) of the Civil
Aviation Regulations
DEPARTMENT OF THE TREASURY
Accounting Standard AASB 1018 – Statement of Financial Performance
Accounting Standard AASB 1034 – Financial Report Presentation and
Disclosures
Accounting Standard AASB 1040 – Statement of Financial Position
Currency Determination 1999 (No.5)
DELEGATED LEGISLATION TABLED IN THE
SENATE
18-21 OCTOBER 1999
| DEPARTMENT OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Agriculture, Fisheries and Forestry |
0
|
| Attorney-General’s |
1
|
| Communications, Information Technology
and the Arts |
1
|
| Defence |
0
|
| Education, Training and Youth Affairs |
0
|
| Employment, Workplace Relations and Small
Business |
0
|
| Environment and Heritage |
0
|
| Family and Community Services |
0
|
| Finance and Administration |
1
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
8
|
| Immigration and Multicultural Affairs |
0
|
| Industry, Science and Resources |
0
|
| Prime Minister and Cabinet |
0
|
| Transport and Regional Services |
1
|
| Treasury |
4
|
| Veterans’ Affairs |
0
|
| |
|
| Total |
16
|
DELEGATED LEGISLATION TABLED IN THE SENATE
18-21 OCTOBER 1999
ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER
OF INSTRUMENTS MADE UNDER EACH ACT
| Aged Care Act 1997 |
3
|
| Civil Aviation Act 1988 |
1
|
| Corporations Act 1989 |
3
|
| Currency Act 1965 |
1
|
| Defence (Visiting Forces) Act 1963 |
1
|
| Financial Management and Accountability
Act 1997 |
1
|
| National Health Act 1953 |
5
|
| Telecommunications (Consumer Protection
and Service Standards) Act 1999 |
1
|
| |
|
| Total |
16
|
ATTORNEY-GENERAL’S DEPARTMENT
Defence (Visiting Forces) Amendment
Regulations 1999 (No.2)
Statutory Rules 1999 No.233 |
| Defence (Visiting Forces) Act 1963 |
| Made |
13/10/99 |
| Tabled |
19/10/99 S |
19/10/99 HR |
| Summary |
Insert in the Principal Regulations
the names of further nations, the defence personnel of which are likely
to be located in, or passing through, Australia in the course of carrying
out peace-keeping duties in East Timor. |
DEPARTMENT OF COMMUNICATIONS, INFORMATION
TECHNOLOGY AND THE ARTS
| Digital Data Service Provider Declaration
1999 (No.1) under ss.26A(1) and (2) of the Telecommunications
(Consumer Protection and Service Standards) Act 1999 |
| Telecommunications (Consumer Protection
and Service Standards) Act 1999 |
| Made |
14/10/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Specifies Telstra as a general
digital data service provider and a special digital data service provider
for the service areas specified in the Digital Data Service Provider
Determination 1999 (No.1). |
DEPARTMENT OF FINANCE AND ADMINISTRATION
| Financial Management and Accountability
Orders (Amendment) 1999 (No.4) under s.63 of the Financial
Management and Accountability Act 1997 |
| Financial Management and Accountability
Act 1997 |
| Made |
10/10/99 |
| Tabled |
18/10/99 S |
18/10/99 HR |
| Summary |
Replaces references to an Appropriation
Act (No.1) with references to Appropriation Acts Nos 1 and 2, and
to Appropriation (Parliamentary Departments) Acts. |
DEPARTMENT OF HEALTH AND AGED CARE
| Certification Amendment Principles 1999
(No.1) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
20/10/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Amends the Note following the
Title to the Principal Principles to refer to accommodation charges
and the charge exempt resident supplement. |
| |
| Declaration No.PB12 of 1999 under s.85(2)
of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
27/09/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Gives effect as from 1 November
1999 to changes in the list of drugs and medicinal preparations available
as pharmaceutical benefits. |
| |
| Declaration No.PB13 of 1999 under s.85(2AA)
of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
27/09/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Specifies five drugs and medicinal
preparations which from 1 November 1999 will no longer attract pharmaceutical
benefits under Part VII of that Act. |
| |
| Declaration No.PB14 of 1999 under paragraph
98C(1)(b) of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
27/09/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Amends the conditions under
which pharmaceutical benefits may be supplied by approved pharmacists
or medical practitioners in the light of the changes made by Declaration
No.PB12 of 1999. |
| |
| National Health (Loyalty Bonus Scheme)
Guidelines 1999 under s.73BA(2A) of the National Health
Act 1953 |
| National Health Act 1953 |
| Made |
13/10/99 |
| Tabled |
19/10/99 S |
19/10/99 HR |
| Summary |
Seeks to ensure that registered
health benefits organisations can offer loyalty bonus schemes to promote
loyalty to their organisation by providing scope for product innovation
and rewards for length of membership, while upholding the principle
of community rating. |
| |
| National Health (Maximum Percentage
of Discounting of Contributions to Organisations) Determination 1999
under s.73BA(4) of the National Health Act 1953 |
| National Health Act 1953 |
| Made |
12/10/99 |
| Tabled |
19/10/99 S |
19/10/99 HR |
| Summary |
Sets the maximum percentage
by which health funds may discount the premiums of health insurance
products at 12% of the undiscounted rate of contribution available
to all contributors. |
| |
| Records Amendment Principles 1999 (No.1)
under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
20/10/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Adds two further matters in
respect of which an approved provider of residential care facilities
must maintain records, and makes other minor changes consequential
on the coming into force of the Aged Care Amendment (Omnibus) Act
1999. |
| |
| Residential Care Subsidy Amendment Principles
1999 (No.2) under s.96-1(1) of the Aged Care Act 1997 |
| Aged Care Act 1997 |
| Made |
20/10/99 |
| Tabled |
21/10/99 S |
21/10/99 HR |
| Summary |
Adds a new Part to the Principal
Principles relating to the charge exempt resident supplement. |
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
| Instrument No.CASA 1012/99 under
r.207(2) of the Civil Aviation Regulations |
| Civil Aviation Act 1988 |
| Made |
14/10/99 |
| Tabled |
20/10/99 S |
19/10/99 HR |
| Summary |
Approves the operation of aircraft
VH-SMK with "Oxymiser" nasal cannula type individual oxygen
dispensing units. |
DEPARTMENT OF THE TREASURY
| Accounting Standard AASB 1018 –
Statement of Financial Performance |
| Corporations Act 1989 |
| Made |
13/10/99 |
| Tabled |
21/10/99 S |
20/10/99 HR |
| Summary |
Prescribes the format for a
statement of financial performance required to be prepared by entities
in accordance with Chapter 2M of the Act. |
| |
| Accounting Standard AASB 1034 –
Financial Report Presentation and Disclosures |
| Corporations Act 1989 |
| Made |
13/10/99 |
| Tabled |
21/10/99 S |
20/10/99 HR |
| Summary |
Prescribes general requirements
for the structure and content of financial reports required to be
prepared by entities in accordance with Chapter 2M of the Act. |
| |
| Accounting Standard AASB 1040 –
Statement of Financial Position |
| Corporations Act 1989 |
| Made |
13/10/99 |
| Tabled |
21/10/99 S |
20/10/99 HR |
| Summary |
Requires current assets and
current liabilities to be presented separately from non-current assets
and non-current liabilities in the financial reports required to be
prepared by entities in accordance with Chapter 2M of the Act. |
| |
| Currency Determination 1999 (No.5) under
s.13A(1) of the Currency Act 1965 |
| Currency Act 1965 |
| Made |
28/09/99 |
| Tabled |
18/10/99 S |
18/10/99 HR |
| Summary |
Specifies the denomination,
composition and weight of a series of coins relating to the Sydney
2000 Olympic Games and the Millennium. |