Summary [1998] AUSStaCSDLM 20 (9 March 1998)

Monitor No.2 1998

DELEGATED LEGISLATION MONITOR

This week there were 66 disallowable instruments of delegated legislation tabled in the Senate, made under 39 separate enabling Acts administered through 14 Departments of State.

Of the 66 instruments, 30 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 66 instruments, 38 were made by the Governor-General or Ministers and 28 were made by public officials. Of the 30 sets of Statutory Rules, 6 were made as principal instruments and 24 as amending instruments.

The Judge's Pensions Regulations 1998 and the Primary Industries Levies and Charges Collection (National Residue Survey - Aquatic Animal Export) Regulations 1998, Statutory Rules 1998 Nos 25 and 30, are unusual in that they are regulations cited by year.

The Radiocommunications (Definitions) Determination No 2 of 1993 (Amendment No.9) is unusual in that it was made under nine separate provisions of four enabling Acts.

The Amendment 22 of the National Capital Plan was made under the Australian Capital Territory (Planning and Land Management) Act 1988, which provides unusual procedures for parliamentary scrutiny of such instruments. That Act provides for Amendments to be laid before each House within six sitting days after the instrument as taken effect. Either House may then disallow the Amendment in pursuance of a motion of which notice has been given within six sitting days after tabling. The Act also requires detailed procedures to be followed before Plans or Amendments can be made, including public consultation and draft instruments.

The National Health Regulations (Amendment), Statutory Rules 1998 No.18, extend a "sunset" provision for a further 12 months following the original sunset period of 12 months. Such provisions allow for parliamentary scrutiny to revive at the end of each sunset period.

The Energy Research and Development Corporation Regulations (Repeal), Statutory Rules 1998 No.6, repeal the Principal Regulations which established the ERDC. The Explanatory Statement advises that the ERDC, set up by regulation rather than by Act, had played a significant role in advancing energy supply and use technologies.

The Corporations Regulations (Amendment), Statutory Rules 1998 No.9, provide for the conduct of futures brokers and futures advisers in relation to their dealing with clients, with the object of protecting retail investors.

Twenty-one sets of Statutory Rules tabled this week were " pink slip" copies which were substituted for those originally issued to the public because they contained errors.

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

9 - 12 MARCH 1998

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL'S DEPARTMENT

Customs (Narcotics Inquiries) Regulations (Amendment)

Evidence Regulations (Amendment)

Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (Amendment)

Foreign Judgments Regulations (Amendment)

Judges' Pensions Regulations 1998

Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (Amendment)

National Native Title Tribunal Regulations (Amendment)

DEPARTMENT OF COMMUNICATIONS AND THE ARTS

Radiocommunications (Definitions) Determination No.2 of 1993 (Amendment No.9)

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

Radiocommunications (Receiver Licence Tax) Determination No.1 of 1996 (Amendment No.1 of 1998)

Radiocommunications (Transmitter and Receiver Licences) Determination (Amendment No.1 of 1998)

Radiocommunications (Transmitter Licence Tax) Determination No.1 of 1996 (Amendment No.1 of 1998)

DEPARTMENT OF DEFENCE

Defence Force Regulations (Amendment)

Military Superannuation and Benefits Declaration No.8

DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS

Employment Services (Case Management Documents) Determination, No 1 of 1998

DEPARTMENT OF THE ENVIRONMENT

National Environment Protection (National Pollutant Inventory) Measure

DEPARTMENT OF HEALTH AND FAMILY SERVICES

National Health Regulations (Amendment)

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Customs (Prohibited Imports) Regulations (Amendment)

Instrument of Approval No.39 of 1997 under sections 4A and 77H of the Customs Act 1901

DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

Coarse Grains Levy Regulations (Amendment)

Energy Research and Development Corporation Regulations (Repeal)

Fisheries Levy (Torres Strait Prawn Fishery) Regulations

Fisheries Management Regulations (Amendment)

National Residue Survey Levy Regulations (Amendment)

Primary Industries Levies and Charges Collection (National Residue Survey - Aquatic Animal Export) Regulations 1998

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Aboriginal and Torres Strait Islander Heritage Protection Regulations (Amendment)

Senior Executive Service Retirement on Benefit Determinations Nos 1998/10-1998/19

DEPARTMENT OF SOCIAL SECURITY

Pension Loans Scheme (Social Security) - Rate of Compound Interest Determination No.2 of 1997

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.I.) (Amendment) Ordinance 1998, Territory of Christmas Island Ordinance No.1 of 1998

Acts Amendment (Franchise Fees) Act 1997 (W.A.) (C.K.I.) (Amendment) Ordinance 1998, Territory of Cocos (Keeling) Islands Ordinance No.1 of 1998

Air Services Regulations (Amendment)

Amendment 22 of the National Capital Plan under section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988

Christmas Island (Courts) Regulations (Amendment)

Civil Aviation Orders, Part 40

Civil Aviation Regulations (Amendment)

Civil Aviation Regulations (Amendment)

Cocos (Keeling) Islands (Courts) Regulations (Amendment)

Exemptions Nos CASA 07/1998-08/1998 under regulations 308 of the Civil Aviation Regulations

Leases (Amendment) Ordinance 1998, Jervis Bay Territory Ordinance No.1 of 1998

DEPARTMENT OF THE TREASURY

Corporations Regulations (Amendment)

Corporations Regulations (Amendment)

Income Tax Regulations (Amendment)

DEPARTMENT OF VETERANS' AFFAIRS

Instrument No.1 of 1998 varying the instrument of revocation of the Guide to the Assessment of Rates of Veterans' Pensions under section 29 of the Veterans' Entitlements Act 1986

Instrument No.2 of 1998 varying the Guide to the Assessment of Rates of Veterans' Pensions under section 29 of the Veterans' Entitlements Act 1986

Pension Loans Scheme (Veterans' Entitlements) - Rate of Compound Interest Determination No.2 of 1997

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determinations 1998/3-1998/9

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

Marine Navigation Levy Regulations (Amendment)

Navigation (Deck Cargo) Regulations (Repeal)

Remuneration Tribunal (Miscellaneous Provisions) Regulations (Amendment)