Monitor No. 20 1999 (Part A)
DELEGATED LEGISLATION MONITOR
This week at a glance
There were 82 disallowable instruments tabled in the Parliament.
These were made under 28 separate enabling Acts, through
12 Departments of State.
Statutory Rules
17 of the 82 instruments were Statutory Rules, comprising
- 1 made as a primary instrument; and
- 16 made as amending instruments
Instrument makers
23 instruments were made by the Governor-General or Ministers
59 instruments were made by Public Officials
TABLE OF CONTENTS
DELEGATED LEGISLATION TABLED IN THE SENATE
6-9 DECEMBER 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 of Cattle)
Amendment Order 1999 (No.LC1/99)
Australian Wine and Brandy Corporation (Annual General
Meeting of the Industry) Regulations 1999
Export Control (Hardwood Wood Chips) Amendment Regulations
1999 (No.2)
Fisheries Management Amendment Regulations 1999 (No.4)
Imported Food Control Amendment Regulations 1999 (No.1)
Quarantine Determination No.3 of 1999 under section 86E
of the Quarantine Act 1908
ATTORNEY-GENERAL’S DEPARTMENT
Extradition (Bribery of Foreign Public Officials) Regulations
1999
Family Law (Hague Convention on Intercountry Adoption)
Amendment Regulations 1999 (No.1)
Federal Court Amendment Rules 1999 (No.6)
Federal Court Amendment Rules 1999 (No.7)
DEPARTMENT OF COMMUNICATIONS, INFORMATION
TECHNOLOGY AND THE ARTS
Broadcasting Services (Events) Notice No.1 of 1994 (Amendment
No.3 of 1999)
Carrier Licence Conditions (Telstra Corporation Limited)
Declaration 1997
(Amendment No.2 of 1999) under subsection 63(5) of the
Telecommunications Act 1997
Determination under paragraph 15(1)(b) No.2 of 1999
Restricted Access Systems Declaration 1999 (No.1)
DEPARTMENT OF DEFENCE
Defence Determination 1999/50-1999/55
Naval Forces Amendment Regulations 1999 (No.1)
DEPARTMENT OF EDUCATION, TRAINING AND YOUTH
AFFAIRS
Determination No.1999/2 – Determination of Education
Institutions and Courses
under subsections 3(1) and 5D(1) of the Student Assistance
Act 1973
Determination No.T17-99 under section 20A of the Higher
Education Funding Act 1988
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Declaration (99/ESP011) under subsection 18(1) of the
Endangered Species Protection Act 1992
DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Child Support (Assessment) Amendment Regulations 1999
(No.3)
DEPARTMENT OF FINANCE AND ADMINISTRATION
Remuneration Tribunal Determination Nos 13, 14 and 15
of 1999
Superannuation (CSS) Eligible Employees Amendment Regulations
1999 (No.1)
Thirteenth Amending Deed to the Deed to Establish an Occupational
Superannuation Scheme for Commonwealth Employees and Certain
Other Persons pursuant to section 5 of the Superannuation Act 1990
DEPARTMENT OF HEALTH AND AGED CARE
National Health Amendment Regulations 1999 (No.7)
National Health Amendment Regulations 1999 (No.8)
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Public Service Commissioner’s Directions 1999
Public Service (Defence) Determination 1999/10
Public Service Determination 1999/7
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Civil Aviation Orders, Part 105 (35)
Civil Aviation Orders, Part 106 (2)
Civil Aviation Orders, Part 107 (2)
Airports (Control of On-Airport Activities) Amendment
Regulations 1999 (No.2)
Airports (Control of On-Airport Activities) Amendment
Regulations 1999 (No.3)
Exemption No.CASA 46/1999 under regulation 308 of
the Civil Aviation Regulations
Instrument No.CASA 1082/99 under subregulation 207(2)
of the Civil Aviation Regulations
Instrument No.CASA 1095/99 under regulation 208 of
the Civil Aviation Regulations
DEPARTMENT OF THE TREASURY
Corporations Amendment Regulations 1999 (No.6)
Sales Tax Assessment Amendment Regulations 1999 (No.1)
DELEGATED LEGISLATION TABLED IN THE
SENATE
6-9 DECEMBER 1999
| DEPARTMENT
OF STATE |
NUMBER OF INSTRUMENTS
|
| |
|
| Agriculture, Fisheries and
Forestry |
6
|
| Attorney-General’s |
4
|
| Communications, Information
Technology and the Arts |
4
|
| Defence |
8
|
| Education, Training and
Youth Affairs |
2
|
| Employment, Workplace Relations
and Small Business |
0
|
| Environment and Heritage |
1
|
| Family and Community Services |
1
|
| Finance and Administration |
5
|
| Foreign Affairs and Trade |
0
|
| Health and Aged Care |
2
|
| Immigration and Multicultural
Affairs |
0
|
| Industry, Science and Resources |
0
|
| Prime Minister and Cabinet |
3
|
| Transport and Regional Services |
44
|
| Treasury |
2
|
| Veterans’ Affairs |
0
|
| |
|
| Total |
82
|
DELEGATED LEGISLATION TABLED IN THE
SENATE
6-9 DECEMBER 1999
ALPHABETICAL LIST OF ENABLING ACTS
AND NUMBER OF INSTRUMENTS MADE UNDER EACH ACT
| Airports Act 1996 |
2
|
| Australian Meat and Live-stock
Industry Act 1997 |
1
|
| Australian Wine and Brandy
Corporation Act 1980 |
1
|
| Broadcasting Services
Act 1992 |
2
|
| Child Support (Assessment)
Act 1989 |
1
|
| Civil Aviation Act 1988 |
42
|
| Corporations Act 1989 |
1
|
| Defence Act 1903 |
7
|
| Endangered Species Protection
Act 1992 |
1
|
| Export Control Act 1982 |
1
|
| Extradition Act 1988 |
1
|
| Family Law Act 1975 |
1
|
| Federal Court of Australia
Act 1976 |
2
|
| Fisheries Management
Act 1991 |
1
|
| Higher Education Funding
Act 1988 |
1
|
| Imported Food Control
Act 1992 |
1
|
| National Health Act 1953 |
2
|
| Naval Defence Act 1910 |
1
|
| Public Service Act 1922 |
2
|
| Public Service Act 1999 |
1
|
| Quarantine Act 1908 |
1
|
| Remuneration Tribunal
Act 1973 |
3
|
| Sales Tax Assessment
Act 1992 |
1
|
| Student Assistance Act
1973 |
1
|
| Superannuation Act 1976 |
1
|
| Superannuation Act 1990 |
1
|
| Telecommunications Act
1997 |
1
|
| Telecommunications (Carrier
Licence Charges) Act 1997 |
1
|
| |
|
| Total |
82
|
DEPARTMENT OF AGRICULTURE, FISHERIES
AND FORESTRY
| Australian Meat and Live-stock
Industry (Export of Cattle) Amendment Order 1999 (No.LC1/99) nder
s.17 of the Australian Meat and Live-stock Industry Act 1997 |
| Australian Meat and
Live-stock Industry Act 1997 |
| Made |
24/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Provides for
the export of live breeding cattle above the current maximum weight
of 500 kgs, and imposes restrictions on the export of slaughter or
breeding cattle with an individual live weight of less than 150 kgs. |
| |
Australian Wine and Brandy
Corporation (Annual General Meeting of the Industry) Regulations 1999
Statutory Rules 1999 No.294 |
| Australian Wine and
Brandy Corporation Act 1980 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Prescribe the
rules and procedures for the annual general meeting of the industry,
convened by the Australian Wine and Brandy Corporation. |
| |
Export Control (Hardwood
Wood Chips) Amendment Regulations 1999 (No.2)
Statutory Rules 1999 No.282 |
| Export Control Act
1982 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Amend Schedule
1 to the Principal Regulations relating to forest regions by altering
the description of the West Region in Victoria and adding a description
of the Southern Region in New South Wales. |
| |
Fisheries Management
Amendment Regulations 1999 (No.4)
Statutory Rules 1999 No.285 |
| Fisheries Management
Act 1991 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Make a number
of minor changes to the Principal Regulations. |
| |
Imported Food Control
Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.280 |
| Imported Food Control
Act 1992 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Incorporate
the assessment of information for inclusion in a food control certificate,
together with inspection of food, as a single chargeable service under
the parent Act. |
| |
| Quarantine Determination
No.3 of 1999 under s.86E of the Quarantine Act 1908 |
| Quarantine Act 1908 |
| Made |
18/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Provides for
the introduction of container (tailgate) inspection and fumigation
monitoring fees on standard cargo units and specifies fees for services
provided at quarantine approved premises where import clearance services
are permanently available. |
ATTORNEY-GENERAL’S DEPARTMENT
Extradition (Bribery
of Foreign Public Officials) Regulations 1999
Statutory Rules 1999 No.284 |
| Extradition Act 1988 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Give effect
in Australian domestic law to the extradition provisions of the Convention
on Combating Bribery of Foreign Public Officials in International
Business Transactions. |
| |
Family Law (Hague Convention
on Intercountry Adoption) Amendment Regulations 1999 (No.1)
Statutory Rules 1999 No.283 |
| Family Law Act 1975 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Give effect
to the Convention on the Protection of Children and Cooperation in
Respect of Intercountry Adoption by making interim provision for the
Family Court to exercise jurisdiction under the Principal Regulations
and make various other minor amendments thereto. |
| |
Federal Court Amendment
Rules 1999 (No.6)
Statutory Rules 1999 No.295 |
| Federal Court of Australia
Act 1976 |
| Made |
26/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Amend the Principal
Rules in relation to service of process outside Australia, discovery
of documents, vexatious litigants, expert assistants and the costs
allowable in respect of work done by legal practitioners and services
performed. |
| |
Federal Court Amendment
Rules 1999 (No.7)
Statutory Rules 1999 No.296 |
| Federal Court of Australia
Act 1976 |
| Made |
30/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Amend the Principal
Rules in relation to human rights proceedings |
DEPARTMENT OF COMMUNICATIONS, INFORMATION
TECHNOLOGY AND THE ARTS
| Broadcasting Services
(Events) Notice No.1 of 1994 (Amendment No.3 of 1999) under s.115(2)
of the Broadcasting Services Act 1992 |
| Broadcasting Services
Act 1992 |
| Made |
26/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Permits pay
TV licensees to acquire exclusive broadcast rights to those one-day
and test cricket matches involving the Australian team to be played
in New Zealand from February to April 2000. |
| |
| Carrier Licence Conditions
(Telstra Corporation Limited) Declaration 1997 (Amendment No.2 of
1999) under s.63(5) of the Telecommunications Act 1997 |
| Telecommunications
Act 1997 |
| Made |
2/12/99 |
| Tabled |
7/12/99 S |
6/12/99 HR |
| Summary |
Makes some minor
variations to the original Declaration, permitting Telstra to provide
a limited analogue mobile phone service for a further seven days after
31 December 1999. |
| |
| Determination under paragraph
15(1)(b) No.2 of 1999 |
| Telecommunications
(Carrier Licence Charges) Act 1997 |
| Made |
1711/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Determines that
the proportion of the costs for the 1998-99 financial year of the
Australian Competition and Consumer Commission that are attributable
to its telecommunications functions is $3,749,180. |
| |
| Restricted Access Systems
Declaration 1999 (No.1) under subclause 4(1) of Schedule 5 of the
Broadcasting Services Act 1992 |
| Broadcasting Services
Act 1992 |
| Made |
3/12/99 |
| Tabled |
7/12/99 S |
7/12/99 HR |
| Summary |
Sets out the
minimum requirements for an age verification device that restricts
access to Internet content hosted in Australia that is likely to be
classified as "restricted". |
DEPARTMENT OF DEFENCE
| Defence Determination
1999/49 |
| Defence Act 1903 |
| Made |
24/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Introduces a
new allowance for members of the Defence Force who are required for
operational reasons to reside as a caretaker on the RAAF bases at
Curtin, Learmonth and Scherger. |
| |
| Defence Determination
1999/50 |
| Defence Act 1903 |
| Made |
26/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Modernises and
simplifies the provision authorising an allowance for members of the
Defence Force using private aircraft for authorised travel. |
| |
| Defence Determination
1999/51 |
| Defence Act 1903 |
| Made |
26/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Repeals the
earlier Determination which is replaced by Defence Determination 1999/50. |
| |
| Defence Determination
1999/52 |
| Defence Act 1903 |
| Made |
26/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Amends two earlier
Determinations relating to the allowance paid to members of the Defence
Force who perform duties as aide-de-camp or in a comparable capacity. |
| |
| Defence Determination
1999/53 |
| Defence Act 1903 |
| Made |
2/12/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Increases by
19.4% the rate of deployment allowance paid to members of the Defence
Force assigned for duty with a United Nations mission or similar force. |
| |
| Defence Determination
1999/54 |
| Defence Act 1903 |
| Made |
3/12/99 |
| Tabled |
9/12/99 S |
9/12/99 HR |
| Summary |
Replaces references
in various Determinations to the Public Service Act 1922 with
references to the Public Service Act 1999. |
| |
| Defence Determination
1999/55 |
| Defence Act 1903 |
| Made |
8/12/99 |
| Tabled |
9/12/99 S |
9/12/99 HR |
| Summary |
Amends Defence
Determination 1999/1 relating to Overseas Conditions of Service, as
a consequence of changes made by the coming into force of the Public
Service Act 1999. |
| |
Naval Forces Amendment
Regulations 1999 (No.1)
Statutory Rules 1999 No.281 |
| Naval Defence Act
1910 |
| Made |
25/11/99 |
| Tabled |
6/12/99 S |
6/12/99 HR |
| Summary |
Increase to
60 the compulsory retirement age for sailors in the Naval Reserve. |
Monitor No 20 (Part B)