Summary [1998] AUSStaCSDLM 156 (12 November 1998)

Monitor No. 11 1998 (Part A)

DELEGATED LEGISLATION MONITOR

This week there were 467 disallowable instruments of delegated legislation tabled in the Senate, made under 83 separate enabling Acts administered through 17 Departments of State.

Of the 467 instruments, 85 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 467 instruments, 312 were made by the Governor-General or Ministers and 155 were made by public officials. Of the 85 sets of Statutory Rules, 18 were made as principal instruments and 67 as amending instruments.

Subsection 48(5A) of the Acts Interpretation Act 1901 provides, in summary, that if the Parliament is prorogued then any regulations in respect of which an unresolved notice of motion of disallowance has been given are deemed to be tabled again on the first sitting day of the relevant House after the prorogation. The Thirty-eighth Parliament was prorogued by proclamation on 31 August 1998 and the Thirty-ninth Parliament was convened on 10 November 1998. There were two such instruments deemed to have been tabled again in the Senate on that date, each of which is noted in the body of the Monitor. They are the High Court Rules (Amendment), Statutory Rules 1998 No.61 and the Migration Agents Regulations 1998, Statutory Rules 1998 No.53.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

10–12 NOVEMBER 1998

Number of Instruments by Department

Number of Instruments made under Acts

DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY

1998 SBT Final TAC Determination

Declaration of Approved Donor under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997

Declaration of Approved Donor under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997

Declaration of Approved Donor under subsection 61(1) of the Australian Meat and Live-stock Industry Act 1997

Declaration of Industry Marketing Body under subsection 60(1) of the Australian Meat and Live-stock Industry Act 1997

Declaration of Research Body under subsection 60(2) of the Australian Meat and Live-stock Industry Act 1997

Direction No.NPFD 21

Direction No.NPFD 22

Export Inspection (Quantity Charge) Regulations (Amendment)

Order No.LC-1/98 under section 17 of the Australian Meat and Live-stock Industry Act 1997

Order No.LC-2/98 under section 17 of the Australian Meat and Live-stock Industry Act 1997

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

Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998 (Amendment)

Quarantine Determination No.2 of 1998 under section 86E of the Quarantine Act 1908

Temporary Order No.1 – Ban on Fishing for Pilchards under subsection 43(1) of the Fisheries Management Act 1991

ATTORNEY-GENERAL’S DEPARTMENT

Agency (Policy Integrity Commission) Declaration 1998

Australian Federal Police Regulations (Amendment)

Commonwealth Places (Application of Laws) Regulations 1998

Family Law Amendment Regulations 1998 (No.4)

Family Law Amendment Rules 1998 (No.2)

Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998

Family Law (Hague Convention on Intercountry Adoption) Regulations 1998

Federal Court Amendment Rules 1998 (No.2)

Federal Court Rules (Amendment)

High Court Amendment Rules 1998 (No.2)

High Court of Australia – Rule of Court under s.86 of the Judiciary Act 1903

High Court Rules (Amendment)

Mutual Assistance in Business Regulation Regulations (Amendment)

Mutual Assistance in Criminal Matters (Money-Laundering Convention) Regulations (Amendment)

National Native Title Tribunal Amendment Regulations 1998 (No.3)

Native Title (Federal Court) Regulations 1998

DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS

Archives Regulations (Amendment)

Broadcasting Services (Events) Notice No.1 of 1994 (Amendment No.4 of 1998) under subsection 115(2) of the Broadcasting Services Act 1992

Carrier Licence Conditions (28 GHz and 31 GHz Bands) Declaration 1998

Determination No.1 of 1998 under subsection 23(2) of the Telecommunications Act 1997

Determination No.2 of 1998 under subsection 51(1) of the Telecommunications Act 1997

Net Universal Service Cost Avoidable Costs Determination 1998

Radiocommunications Class Licence (Infrared Devices) Amendment (No.1) 1998

Radiocommunications (Communication with Space Object) Class Licence 1998

Radiocommunications (C-Tick Mark) Determination 1998

Radiocommunications Licence Conditions (Broadcasting Licence) Determination No.1 of 1998

Technical Standard (Customer Equipment and Customer Cabling) - ACA TS 101-1998

Telecommunications (Customer Service Guarantee) Scale of Damages 1997 (Amendment No.2) under subsection 236(1) of the Telecommunications Act 1997

Telecommunications (Customer Service Guarantee) Standard 1997 (Amendment No.2) under subsection 234(1) of the Telecommunications Act 1997

Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No.2 of 1997 (Amendment No.1 of 1998)

DEPARTMENT OF DEFENCE

Air Force Regulations (Amendment)

Defence Determinations 1998/26-37

Defence Force (Superannuation) (Productivity Benefit) Determination (Amendment) (No.4 of 1998) under section 52 of the Defence Act 1903

Military Superannuation and Benefits Trust Deed (Amendment) (No.4 of 1998) under subsection 5(1) of the Military Superannuation and Benefits Act 1991

Naval Forces Regulations (Amendment)

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T18-98 under section 15 of the Higher Education Funding Act 1988

Determination No.T19-98 under section 19 of the Higher Education Funding Act 1988

Determination No.T20-98 under section 15 of the Higher Education Funding Act 1988

Determination No.T21-98 under section 19 of the Higher Education Funding Act 1988

Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 1998 (No.1)

Present Value of the Unpaid Amount – Annual Rate of Interest Notice (No.1 of 1998)

States Grants (Primary and Secondary Education Assistance 1997-2000) Amendment Regulations 1998 (No.1)

DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

Notice No.7 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.8 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.10 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.11 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.12 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.14 of 1998 of Declaration under paragraph 108C(a) of the Safety, Rehabilitation and Compensation Act 1998

Notice No.15 of 1998 of Declaration under subsection 4(1) of the Safety, Rehabilitation and Compensation Act 1998

DEPARTMENT OF THE ENVIRONMENT AND HERITAGE

Antarctic Treaty (Environment Protection) (Waste Management) Regulations (Amendment)

Declaration (98/ESP1) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (98/ESP3) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (98/ESP4) under subsection 18(1) of the Endangered Species Protection Act 1992

Declaration (98/ESP6) under subsection 18(1) of the Endangered Species Protection Act 1992

National Environment Protection Measure for Ambient Air Quality under subsection 14(1) of the National Environment Protection Council Act 1994

National Environment Protection Measure for the Movement of Controlled Waste Between States and Territories under subsection 14(1) of the National Environment Protection Council Act 1994

DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Advance Payment of Entitlement (Waiver of Waiting Period) Determination) (No.1) 1998

Childcare Assistance Immunisation Requirements Amendment Direction under section 12H of the Child Care Act 1972 (IMCA/12G/98/3)

Youth Allowance (Activity Test Exemption Guidelines) Determination 1998

Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998

DEPARTMENT OF FINANCE AND ADMINISTRATION

Commonwealth Authorities and Companies Orders 1998

Determinations 1998/7-1998/10 to Establish Components of the Reserved Money Fund under section 20 of the Financial Management and Accountability Act 1997

Electoral and Referendum Amendment Regulations 1998 (No.2)

Financial Management and Accountability Amendment Regulations 1998 (No.5)

Financial Management and Accountability Orders (Amendment) 1998

Financial Management and Accountability Regulations (Amendment)

Parliamentary Entitlements Regulations (Amendment)

Remuneration Tribunal Determinations Nos 16-22 of 1998

Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment)

Superannuation (PSS) Membership Exclusion Declaration (Amendment)

Superannuation (PSS) Membership Inclusion Declaration (Amendment)

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Instrument of Approval of Forms under subsection 30(2) of the Chemical Weapons (Prohibition) Act 1994

International Center for Living Aquatic Resources Management (Privileges and Immunities) Regulations 1998

International Plant Genetic Resources Institute (Privileges and Immunities) Regulations 1998

International Rice Research Institute (Privileges and Immunities) Regulations 1998

Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998

DEPARTMENT OF HEALTH AND AGED CARE

Declaration No.PB 14 of 1998 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 15 of 1998 under subsection 85(2AA) of the National Health Act 1953

Declaration No.PB 17 of 1998 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 18 of 1998 under subsection 85(2) of the National Health Act 1953

Declaration No.PB 19 of 1998 under subsection 85(2AA) of the National Health Act 1953

Declaration QAA No.1/1998 under section 124X of the Health Insurance Act 1973

Determination (Imo/No.2/1998) under subsection 19A(3) of the Therapeutic Goods Act 1989

Determination No.HIG 5/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Determination No.HIG 6/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Determination No.HIG 7/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Determination No.HIG 8/1998 under paragraph (bj) of Schedule 1 of the National Health Act 1953

Determination No.PB 13 of 1998 under subsection 99L(1) of the National Health Act 1953

Determination No.PB 16 of 1998 under paragraph 98C(1)(b) of the National Health Act 1953

Determination No.PB 20 of 1998 under paragraph 98C(1)(b) of the National Health Act 1953

Health Benefits Reinsurance (Records of Organisations) Determination 1998

Health Insurance (1997-1998 General Medical Services Table) Amendment Regulations 1998 (No.2)

Health Insurance (1998-99 Diagnostic Imaging Services Table) Regulations 1998

Health Insurance (1998-99 General Medical Services Table) Regulations 1998

Health Insurance (1998-99 Pathology Services Table) Regulations 1998

Health Insurance Amendment Regulations 1998 (No.7)

Health Insurance (Approval of Billing Agents) Amendment Guidelines (No.1) 1998

Health Insurance Determination HS/1/1998

Health Insurance (Pathology-Licensed Collection Centres) Determination (No.8)

Health Insurance Regulations (Amendment)

Instrument for the purposes of paragraph 40AA(6)(ce) of the National Health Act 1953

National Health Regulations (Amendment)

Therapeutic Goods (Charges) Amendment Regulations 1998 (No.2)

Therapeutic Goods (Charges) Regulations (Amendment)

Therapeutic Goods Order No.62 under section 10 of the Therapeutic Goods Act 1989

Therapeutic Goods Regulations (Amendment)

Therapeutic Goods Regulations (Amendment)

DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AFFAIRS

Migration Agents Registration Application Charge Amendment Regulations 1998 (No.1)

Migration Agents Registration Renewal Charge Amendment Regulations 1998 (No.1)

Migration Agents Regulations 1998

Migration Amendment Regulations 1998 (No.7)

Migration Amendment Regulations 1998 (No.8)

Migration Amendment Regulations 1998 (No.9)

Migration Amendment Regulations 1998 (No.10)

Migration Amendment Regulations 1998 (No.11)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES

Customs Amendment Regulations 1998 (No.5)

Customs Amendment Regulations 1998 (No.6)

Customs (Prohibited Imports) Regulations (Amendment)

Customs Regulations (Amendment)

Designs Amendment Regulations 1998 (No.1)

Notice No.1 (1998) of Declared Rate in Respect of Diesel Fuel Rebate under section 164(5A) of the Customs Act 1901

Patents Amendment Regulations 1998 (No.5)

Patents Amendment Regulations 1998 (No.6)

Patents Amendment Regulations 1998 (No.7)

Patents Regulations (Amendment)

Trade Marks Amendment Regulations 1998 (No.1)

Trade Marks Amendment Regulations 1998 (No.2)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Determination of Representative Aboriginal/Torres Strait Islander Bodies Revocation (No.1:1998) under subsection 202(1) of the Native Title Act 1993

Foreign Affairs and Trade Determinations 1998/6-1998/15

Locally Engaged Staff Determinations 1998/30-1998/38

Native Title (Indigenous Land Use Agreements) Regulations 1998

Native Title (Notices) Determination 1998

Parliamentary Presiding Officers’ Determination No.1 of 1998

Public Service Determinations 1998/16-1998/18

Regional Council Election Amendment Rules (No.2) 1998

Senior Executive Service Retirement on Benefit Determinations 1998/55-1998/77

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation (Carriers’ Liability) Amendment Regulations 1998 (No.1)

Civil Aviation Orders, Part 20

Civil Aviation Orders, Parts 20 and 82

Civil Aviation Orders, Part 82

Civil Aviation Orders, Part 95

Civil Aviation Orders, Part 105 (131)

Civil Aviation Orders, Part 106 (14)

Civil Aviation Orders, Part 107 (14)

Civil Aviation Regulations 1998

Civil Aviation Regulations (Amendment)

Civil Aviation Regulations (Amendment)

Civil Aviation Regulations (Amendment)

Civil Aviation Regulations (Amendment)

Exemption Nos CASA 24/98, 27/98-28/98, 32/98-39/98 and 41/98 under regulation 308 of the Civil Aviation Regulations

Exemption No.CASA 31/98 under regulation 89ZD of the Civil Aviation Regulations

Instrument Nos CASA 254/98, 267/98, 309/98-310/98, 327, 358 and 417 under regulation 207 of the Civil Aviation Regulations

Instrument No.CASA 290/98 under regulation 235 of the Civil Aviation Regulations

Instrument No.CASA 316/98 under regulation 174A of the Civil Aviation Regulations

Instrument No.CASA 392/98 under subregulation 99AA(5) of the Civil Aviation Regulations

Marine Orders, Part 26 – Radiotelephone & Radiotelegraph Equipment, Issue 3 (Amendment), Marine Order No.9 of 1998

Marine Orders, Part 27 – GMDSS Radio Equipment, Issue 1 (Amendment), Marine Order No.10 of 1998

Marine Orders, Part 29 – Emergency procedures & safety of navigation, Issue 2 (Amendment), Marine Order No.11 of 1998

Marine Orders, Part 25 – Equipment – Life-saving, Issue 4, Marine Order No.12 of 1998

Marine Orders, Part 17 – Liquefied Gas Carriers and Chemical Tankers, Issue 4, Marine Order No.13 of 1998

Northern Territory (Self-Government) Amendment Regulations 1998 (No.1)

Road Vehicle (National Standards) Determination No.1 of 1998

Stevedoring Levy (Collection) Regulations 1998

Stevedoring Levy (Imposition) Regulations 1998

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1001: Accounting Policies

Accounting Standard AASB 1008: Leases

Accounting Standard AASB 1016: Accounting for Investments in Associates

Accounting Standard AASB 1016A: Amendments to Accounting Standard AASB 1016

Accounting Standard AASB 1037: Self-Generating and Regenerating Assets

Application for Approval of RTGS System under section 9 of the Payment Systems and Netting Act 1998

Application for Approval of RTGS System under section 9 of the Payment Systems and Netting Act 1998

Australian Prudential Regulation Authority (Commonwealth Costs) Determination 1998

Australian Securities Commission Amendment Regulations 1998 (No.1)

Authorised Non-operating Holding Companies Supervisory Levy Imposition Determination 1998

Cheques and Payment Orders Regulations (Amendment)

Corporations Amendment Regulations 1998 (No.9)

Corporations (Fees) Amendment Regulations 1998 (No.2)

Corporations Regulations (Amendment)

Currency Determination No.6 of 1998

Excise Amendment Regulations 1998 (No.2)

Excise Amendment Regulations 1998 (No.3)

Excise Regulations (Amendment)

General Insurance Supervisory Levy Imposition Determination 1998

Income Tax (Farm Management Deposits – Deduction Exemption Certificates) Guidelines 1998 under subsection 221ZXF(1) of the Income Tax Assessment Act 1997

Instrument Fixing Charges to be Paid to APRA under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998

Life Insurance Supervisory Levy Imposition Determination 1998

Notice No.1 (1998) of Declared Rate in Respect of Diesel Fuel Rebate under section 78A(5A) of the Excise Act 1901

Productivity Commission Regulations 1998

Retirement Savings Account Providers Supervisory Levy Imposition Determination 1998

Superannuation Industry (Supervision) Regulations (Amendment)

Superannuation Supervisory Levy Imposition Determination 1998

DEPARTMENT OF VETERANS’ AFFAIRS

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

Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Determination 1998

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

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

Revocation and Determination of Statements of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (10)

Revocation and Determination of Statements of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (10)

Veterans’ Entitlements (Pension Valuation Factor) Determination 1998