Summary [1998] AUSStaCSDLM 68 (8 April 1998)

Monitor No.5 1998

DELEGATED LEGISLATION MONITOR

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

Of the 15 instruments, three 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 15 instruments, seven were made by the Governor-General or Ministers and eight were made by public officials. Of the three sets of Statutory Rules, all were made as amending instruments.

The Patents Regulations (Amendment), Statutory Rules 1998 No.56, establish a new Professional Standards Board for Patent and Trade Marks Attorneys. The Regulations provide for the appointment and term of office of Board members, resignation and removal from office of members, the quorum for meetings, the role of the Chairperson and transitional provisions.

The Federal Court of Australia Regulations (Amendment), Statutory Rules 1998 No.55, provide that if a fee has been paid for mediation in relation to a proceeding in the Court, the setting down fee is reduced by the amount of the mediation fee. The background to the Regulations is the Law and Justice Legislation Amendment Act 1997, which removed the requirement that mediation be limited to cases where the parties consent, with the result that the Court may now order parties to attend mediation without their consent. There was some concern about such orders, which require parties to pay a fee. Imposing a fee in these cases is against general fee policy. Accordingly, if the mediation is not successful and the matter proceeds to a hearing, the setting down fee will be discounted by the mediation fee. This is consistent with general fee policy, under which persons contribute to the services that they use.

The Electoral and Referendum Regulations (Amendment), Statutory Rules 1998 No.57, make changes to the schedule of Commonwealth agencies that are entitled to receive information disclosing particulars of the occupations, gender or dates of birth of electors.

The RHQ Company Determinations Nos 1-4 of 1998 determine that named companies are regional headquarters companies for the purposes of the enabling Act. RHQ companies may deduct certain business relocation expenses from taxable income and are exempt from certain wholesale sales tax. All four Determinations operate with substantial retrospectivity although this has no detrimental effect on the company concerned.

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

6-8 APRIL 1998

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL'S DEPARTMENT

Federal Court of Australia Regulations (Amendment)

DEPARTMENT OF FINANCE AND ADMINISTRATION

Electoral and Referendum Regulations (Amendment)

DEPARTMENT OF INDUSTRY, SCIENCE AND TOURISM

Patents Regulations (Amendment)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Locally Engaged Staff Determinations 1998/12-1998/13

Public Service Determinations 1998/7-1998/9

DEPARTMENT OF TRANSPORT AND REGIONAL DEVELOPMENT

Civil Aviation Orders, Part 20

DEPARTMENT OF THE TREASURY

RHQ Company Determinations Nos 1-4 of 1998

DEPARTMENT OF WORKPLACE RELATIONS AND SMALL BUSINESS

Defence Determinations 1998/14-1998/15