Monitor 19 of 1999 [1999] AUSStaCSDLM 260 (21 October 1999)

Monitor No. 19 1999

DELEGATED LEGISLATION MONITOR

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

Of the 14 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 14 instruments, five were made by the Governor-General or Ministers and nine were made by public officials. Of the three sets of Statutory Rules all were made as amending instruments.

TABLE OF CONTENTS

DELEGATED LEGISLATION TABLED IN THE SENATE

29-30 NOVEMBER 1999

Number of Instruments by Department

Number of Instruments made under Acts

ATTORNEY-GENERAL’S DEPARTMENT

Family Law Amendment Rules 1999 (No.3)

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T16-99 under section 15 of the Higher Education Funding Act 1988

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No.2)

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1999 (No.1)

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Regional Council Election (Casual Vacancies) Amendment Rules 1999 (No.1)

Zone Election Amendment Rules 1999 (No.1)

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 20

Exemption No.CASA 37/1999 under regulation 308 of the Civil Aviation Regulations

Exemption No.CASA 43/1999 under regulation 308 of the Civil Aviation Regulations

Exemption No.CASA 44/1999 under subregulation 235(11) of the Civil Aviation Regulations

Instrument No.CASA 1073/99 under subregulation 207(2) of the Civil Aviation Regulations

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1015 – Acquisitions of Assets

Accounting Standard AASB 1033 – Presentation and Disclosure of Financial Instruments

Currency Determination 1999 (No.6) under subsection 13A(1) of the Currency Act 1965

DELEGATED LEGISLATION TABLED IN THE SENATE

29-30 NOVEMBER 1999

DEPARTMENT OF STATE	NUMBER OF INSTRUMENTS
Agriculture, Fisheries and Forestry	0
Attorney-General’s	1
Communications, Information Technology and the Arts	0
Defence	0
Education, Training and Youth Affairs	1
Employment, Workplace Relations and Small Business	0
Environment and Heritage	0
Family and Community Services	0
Finance and Administration	1
Foreign Affairs and Trade	1
Health and Aged Care	0
Immigration and Multicultural Affairs	0
Industry, Science and Resources	0
Prime Minister and Cabinet	2
Transport and Regional Services	5
Treasury	3
Veterans’ Affairs	0
Total	14

DELEGATED LEGISLATION TABLED IN THE SENATE

29-30 NOVEMBER 1999

ALPHABETICAL LIST OF ENABLING ACTS AND NUMBER OF INSTRUMENTS MADE UNDER EACH ACT

Aboriginal and Torres Strait Islander Commission Act 1989	2
Civil Aviation Act 1988	5
Corporations Act 1989	2
Currency Act 1965	1
Family Law Act 1975	1
Higher Education Funding Act 1988	1
Nuclear Non-Proliferation (Safeguards) Act 1987	1
Superannuation Act 1990	1
Total	14

ATTORNEY-GENERAL'S DEPARTMENTL’S DEPARTMENT

Family Law Amendment Rules 1999 (No.3) Statutory Rules 1999 No.279
Family Law Act 1975
Made	19/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Amend the Principal Rules in relation to the notification by a party’s legal representative of the costs incurred, the scale of fees chargeable by solicitors and counsel, and other minor matters.

DEPARTMENT OF EDUCATION, TRAINING AND YOUTH AFFAIRS

Determination No.T16-99 under s.15 of the Higher Education Funding Act 1988
Higher Education Funding Act 1988
Made	16/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Provides funding to various universities for the Restructuring and Rationalisation Program for 1999.

DEPARTMENT OF FINANCE AND ADMINISTRATION

Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No.2) Statutory Rules 1999 No.277
Superannuation Act 1990
Made	16/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Amend the Principal Declaration to take account of changes made by the enactment of the Public Service Act 1999.

DEPARTMENT OF FOREIGN AFFAIRS AND TRADE

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1999 (No.1) Statutory Rules 1999 No.278
Nuclear Non-Proliferation (Safeguards) Act 1987
Made	25/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Set the amount of the charge payable by a producer of uranium ore concentrates under the Nuclear Safeguards (Producers of Uranium Ore Concentrates) Act 1993.

DEPARTMENT OF THE PRIME MINISTER AND CABINET

Regional Council Election (Casual Vacancies) Amendment Rules 1999 (No.1) under s.113 of the Aboriginal and Torres Strait Islander Commission Act 1989
Aboriginal and Torres Strait Islander Commission Act 1989
Made	8/11/99
Tabled	29/11/99 S		25/11/99 HR
Summary		Clarifies the definition of "unsuccessful candidate" in the Principal Rules, and makes provision for the filling of the casual vacancy which arises when a Commissioner has been elected Chairperson of the Commission.

Zone Election Amendment Rules 1999 (No.1) under s.138 of the Aboriginal and Torres Strait Islander Commission Act 1989
Aboriginal and Torres Strait Islander Commission Act 1989
Made	8/11/99
Tabled	29/11/99 S		25/11/99 HR
Summary		Includes among the definitions of casual vacancy in the office of Commissioner the vacancy which will arise when the members elect one of their number to be Commission Chairperson.

DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

Civil Aviation Orders, Part 20
Civil Aviation Act 1988
Made	25/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Adds to the types of ground proximity warning systems which are taken to be approved for the purposes of those Orders.

Exemption No.CASA 37/1999 under r.308 of the Civil Aviation Regulations
Civil Aviation Act 1988
Made	23/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Exempts aircraft VH-TCH from the need to be fitted with a serviceable TCAS II airborne collision avoidance system until 1 June 2000.

Exemption No.CASA 43/1999 under r.308 of the Civil Aviation Regulations
Civil Aviation Act 1988
Made	25/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Exempts aircraft VH-JJY from the need to be fitted with a serviceable TCAS II airborne avoidance system until 18 January 2000.

Exemption No.CASA 44/1999 under r.235(11) of the Civil Aviation Regulations
Civil Aviation Act 1988
Made	23/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Extends by up to three months the period during which aircraft VH-WZL may be used in commercial operations without being re-weighed.

Instrument No.CASA 1073/99 under r.207(2) of the Civil Aviation Regulations
Civil Aviation Act 1988
Made	25/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Approves the operation of aircraft VH-BNL with "Oxymiser" nasal cannula type individual oxygen dispensing units.

DEPARTMENT OF THE TREASURY

Accounting Standard AASB 1015 – Acquisitions of Assets
Corporations Act 1989
Made	4/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Requires acquired assets of a corporation to be measured at the acquisition date at the cost of acquisition.

Accounting Standard AASB 1033 – Presentation and Disclosure of Financial Instruments
Corporations Act 1989
Made	28/10/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Prescribes certain requirements for the presentation of financial instruments in the financial reports of entities subject to the Corporations Law.

Currency Determination 1999 (No.6) under s.13A(1) of the Currency Act 1965
Currency Act 1965
Made	9/11/99
Tabled	29/11/99 S		6/12/99 HR
Summary		Specifies the composition, weight, dimensions and design of two new $5 silver coins and a $100 gold coin.