Summary [1998] AUSStaCSDLM 104 (26 June 1998)

Monitor No.8 1998 (Part A)

DELEGATED LEGISLATION MONITOR

This week there were 145 disallowable instruments of delegated legislation tabled in the Senate, made under 57 separate enabling Acts administered through 15 Departments of State.

Of the 145 instruments, 34 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 145 instruments, 56 were made by the Governor-General or Ministers and 89 were made by public officials. Of the 34 sets of Statutory Rules, 6 were made as principal instruments and 28 as amending instruments.

The Australian Postal Corporation (Performance Standards) Regulations 1998, Statutory Rules 1998 No.99, provide for performance standards to be met by Australia Post, including standards in relation to the frequency, speed and accuracy of mail delivery and availability and accessibility of post boxes and Post Offices.

The Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998 has the primary objective of creating a framework that will allow spectrum licence holders the maximum flexibility to trade licences in the open market without the need for ongoing government intervention.

The purpose of the Migration Regulations (Amendment), Statutory Rules 1998 No.104, is to reflect the government’s decision to streamline requirements for visa applicants; prevent abuse of temporary visas; and maintain parity in relation to visa applications. On 2 July 1998 the Senate disallowed regulation 15 of the regulations.

The Sydney Airport Compliance Scheme 1998 implements the administration of the Slot Management Scheme for Sydney Airport. It provides which aircraft movements are subject to civil penalties, the rates of these penalties and the issue and withdrawal of infringement notices. The Sydney Airport Demand Management Regulations 1998, Statutory Rules 1998 No.119, provide for the Compliance Committee, which is the body appointed by the enabling Act to develop and administer the scheme.

Ten instruments provided for aspects of child care. The Childcare Assistance (Fee Relief) Guidelines (Amendment) addresses the perceived problem that it has become harder for working parents to obtain a child care place, by better targeting child care subsidies. Two other instruments made under the Child Care Act 1972 provide for exemptions from the linking of child care subsidies to immunisation. Three other instruments made under that Act respectively define suitability for proprietors and staff of child care centres and provide for the allocation of new places and other places . The three instruments made under the Childcare Rebate Act 1993 all provide for exemptions from the general childcare cash rebate scheme, while the one instrument made under the Child Care Payments Act 1997 provides details of required immunisation.

Any person interested in regularly receiving a copy of the Delegated Legislation Monitor should contact the Secretary, Senate Standing Committee on Regulations and Ordinances, Parliament House, Canberra (telephone [phone]).

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

22-26 JUNE 1998

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL'S DEPARTMENT

Family Law Regulations (Amendment)

Family Law Rules (Amendment)

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Australian Postal Corporation (Performance Standards) Regulations 1998

Determination No.1 of 1998 under subsection 51(1) of the Telecommunications Act 1997

Heritage Conservation Rebate (Recognised Heritage Register and Recognised Heritage Body) Declaration No.1 of 1998

Notice under subsection 159UD(1) – Heritage Conservation Rebate Maximum Approval Limit

Radiocommunications (Trading Rules for Spectrum Licences) Determination 1998

Telecommunications (Amount of Annual Charge) Determination 1998 (Amendment No.1) under subsection 20(1) of the Telecommunications Act 1997

Telecommunications Numbering Amendment Plan 1998

DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

AUSTUDY Regulations (Amendment)

Determination No.1998/1 – Determination of Courses for the Purpose of Paying AUSTUDY

Determination No.T11-98 under section 15 of the Higher Education Funding Act 1988

DEPARTMENT OF THE ENVIRONMENT

Pulu Keeling National Park Plan of Management under section 12 of the National Parks and Wildlife Conservation Act 1975

DEPARTMENT OF FINANCE AND ADMINISTRATION

Determination No.1998/6 to Establish a Component of the Reserved Money Fund under section 20 of the Financial Management and Accountability Act 1997

Financial Management and Accountability Orders Amendment 1998

Financial Management and Accountability Regulations (Amendment)

Superannuation (CSS) Employer Component Payment (Telstra Superannuation Scheme) Determination No.4

Superannuation (CSS) Productivity Contribution (1998-99) Declaration

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Charter of the United Nations (Sanctions – Sierra Leone) Regulations (Amendment)

Charter of the United Nations (Sanctions – Federal Republic of Yugoslavia) Regulations 1998

Determination No.1/1998 BDD under paragraph 68(1)(b) of the Export Market Development Grants Act 1997

DEPARTMENT OF HEALTH AND FAMILY SERVICES

Childcare Assistance (Fee Relief) Guidelines (Amendment) under section 12A of the Child Care Act 1972 (CA/12A/98/1)

Childcare Assistance Immunisation Requirements Direction 1998

Childcare Assistance Immunisation Requirements Amendment Direction 1998

Child Care (Eligible Child Care Centres) Amendment Guidelines (No.1) 1998 under subsection 4C(1) of the Child Care Act 1972

Child Care (New Allocations) Guidelines 1998

Child Care (Other Places – Allocations) Guidelines 1998

Childcare Rebate (Exempt Persons) Amendment Determination (No.1) 1998 under subsection 28(2) of the Childcare Rebate Act 1993

Childcare Rebate Immunisation Requirements Direction 1998

Childcare Rebate Immunisation Requirements Amendment Direction 1998

Declaration No.PB 10 of 1998 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 11 of 1998 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 12 of 1998 under subsection 85(2AA) of the National Health Act 1953

Health Insurance Commission Regulations (Amendment)

Health Insurance Commission Regulations (Amendment)

Health Insurance Regulations (Amendment)

Vaccination Schedules Guidelines

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Regulations (Amendment)

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Commerce (Imports) Regulations (Amendment)

Customs Regulations (Amendment)

Instrument of Approval No.20 of 1998 under section 4A of the Customs Act 1901 and section 4AA of the Excise Act 1901

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Australian Meat and Live-stock Industry Regulations 1998

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Regulations 1998

Primary Industries Levies and Charges Collection (Buffalo, Cattle and Live-stock) Regulations 1998 (Amendment)

Primary Industries Levies and Charges Collection (National Residue Survey – Ratite Slaughter) Regulations (Amendment)

Rural Industries Research and Development Corporation Regulations (Amendment)

South East Trawl Fishery Management Plan 1998 (No.SET 01)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Locally Engaged Staff Determinations 1998/19-1998/26

Native Title (Prescribed Bodies Corporate) Regulations (Amendment)

Public Service Determinations 1998/10-1998/14

Senior Executive Service Retirement on Benefit Determinations 1998/35-1998-52

Torres Strait Regional Authority Election (Casual Vacancies) Rules 1998

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Airports (Control of On-Airport Activities) Regulations (Amendment)

Civil Aviation Orders, Part 105

Determination of Sydney Airport Compliance Scheme 1998 (No.M91/98) under subsection 54(2) of the Sydney Airport Demand Management Act 1997

Exemptions Nos CASA 20/98-21/98 under regulation 308 of the Civil Aviation Regulations

Instrument No.CASA 175/98 under regulation 207 of the Civil Aviation Regulations

Instrument No.CASA 202/98 under regulation 99AA of the Civil Aviation Regulations

Instrument No.CASA 204/98 under regulation 174A of the Civil Aviation Regulations

Instrument No.CASA 207/98 under regulation 174A of the Civil Aviation Regulations

Instrument No.CASA 208/98 under regulation 177 of the Civil Aviation Regulations

Sydney Airport Demand Management Regulations 1998

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1004: Revenue

A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)

Commissioner’s Rules No.31 – Variation of Commissioner’s Rules No.25 – Annual Statistical Returns

Commissioner’s Rules No.32 – Variation of Commissioner’s Rules No.26 – Collection of Statistics

Corporations Regulations (Amendment)

Corporations Regulations (Amendment)

Financial Management and Accountability Regulations (Amendment)

Freedom of Information (Miscellaneous Provisions) Regulations (Amendment)

Income Tax Regulations (Amendment)

Maternity Leave (Commonwealth Employees) Regulations (Amendment)

Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment)

Superannuation Benefit (Interim Arrangement) (Continuous Service) Regulations (Amendment)

Superannuation Industry (Supervision) Regulations (Amendment)

DEPARTMENT OF VETERANS' AFFAIRS

Amendment of Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986

Amendment of Statement of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determinations 1998/21-1998/23

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

Notice No.3 of 1998 of Declaration under section 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.4 of 1998 of Declaration under section 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Tradespersons’ Rights (Cost Recovery) Regulations (Amendment)