2011 DELEGATED LEGISLATION MONITOR Ii
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Parliament of the Commonwealth of Australia Senate Standing Committee on Regulations and Ordinances Delegated Legislation Monitor Disallowable Legislative Instruments tabled in the Senate in 2011 February 2012 © Commonwealth of Australia Printed by the Senate Printing Unit, Parliament House Canberra i Table of Contents Foreword .................................................................................................................................... ii Departmental Statistics ............................................................................................................ iii Enabling Act Statistics .............................................................................................................. iv Delegated legislation disallowed by the Parliament .................................................................. x Department of Agriculture, Fisheries and Forestry ................................................................... 1 Attorney-General's Department ............................................................................................... 22 Department of Broadband, Communications and the Digital Economy ................................. 37 Department of Climate Change and Energy Efficiency .......................................................... 58 Department of Defence ............................................................................................................ 61 Department of Education, Employment and Workplace Relations ......................................... 74 Department of the Environment, Water, Heritage and the Arts .............................................. 97 Department of Families, Housing, Community Services and Indigenous Affairs .................. 99 Department of Finance and Deregulation .............................................................................. 103 Department of Foreign Affairs and Trade ............................................................................. 120 Department of Health and Ageing ......................................................................................... 122 Department of Human Services ............................................................................................. 162 Department of Immigration and Citizenship ......................................................................... 164 Department of Infrastructure and Transport .......................................................................... 173 Department of Innovation, Industry, Science and Research .................................................. 232 Department of the Prime Minister and Cabinet ..................................................................... 234 Department of Regional Australia, Regional Development and Local Government ............ 237 Department of Resources, Energy and Tourism .................................................................... 238 Department of Sustainability, Environment, Water, Population and Communities .............. 240 Department of the Treasury ................................................................................................... 262 Department of Veterans' Affairs ............................................................................................ 311 Index ...................................................................................................................................... 349 2011 DELEGATED LEGISLATION MONITOR ii Foreword This Delegated Legislation Monitor is a consolidated edition of all of the monitors produced in respect of each sitting week of the Senate during the 2011 calendar year. The format of the consolidation is the same as that of the sitting-week monitors, setting out details of all disallowable instruments of delegated legislation tabled in the Senate. These details include the enabling Act under which each instrument is made, the date it was made, the date of tabling in the Senate and House of Representatives, the department through which the minister administers the enabling Act, and a short summary of the instrument's purpose. During 2011 a total of 1830 disallowable instruments were tabled in the Senate. These instruments were made under the authority of 258 separate enabling Acts, administered by 21 departments. Of the 1830 instruments tabled in 2011, 262 or 14 per cent, were Regulations. The monitor contains the following information: Departmental statistics; Enabling Act statistics; Alphabetical listing by portfolio of all instruments, including tabling dates and a short summary of subject matter; and Index to all instruments. Abbreviations used for citing tabling dates are as follows: S = Senate HR = House of Representatives 2011 DELEGATED LEGISLATION MONITOR iii Departmental Statistics DEPARTMENT NUMBER OF INSTRUMENTS Department of Agriculture, Fisheries and Forestry 120 Attorney-General's Department 81 Department of Broadband, Communications and the Digital Economy 110 Department of Climate Change and Energy Efficiency 15 Department of Defence 78 Department of Education, Employment and Workplace Relations 132 Department of the Environment, Water, Heritage and the Arts 8 Department of Families, Housing, Community Services and Indigenous 20 Affairs Department of Finance and Deregulation 81 Department of Foreign Affairs and Trade 11 Department of Health and Ageing 238 Department of Human Services 6 Department of Immigration and Citizenship 40 Department of Infrastructure and Transport 340 Department of Innovation, Industry, Science and Research 9 Department of the Prime Minister and Cabinet 15 Department of Regional Australia, Regional Development and Local 6 Government Department of Resources, Energy and Tourism 7 Department of Sustainability, Environment, Water, Population and 99 Communities Department of the Treasury 260 Department of Veterans' Affairs 154 Total 1830 2011 DELEGATED LEGISLATION MONITOR iv Enabling Act Statistics Enabling Act Number A New Tax System (Family Assistance) (Administration) Act 1999 10 A New Tax System (Family Assistance) Act 1999 4 A New Tax System (Goods and Services Tax) Act 1999 3 Aboriginal and Torres Strait Islander Act 2005 1 Aboriginal Land Rights (Northern Territory) Act 1976 1 Acts Interpretation Act 1901 1 Administrative Appeals Tribunal Act 1975 1 Aged Care Act 1997 38 Agricultural and Veterinary Chemicals (Administration) Act 1992 1 Agricultural and Veterinary Chemicals Code Act 1994 2 Airports Act 1996 3 Anglo-Australian Telescope Agreement Act 1970 1 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 8 Appropriation Act (No. 1) 2005-2006 2 Appropriation Act (No. 1) 2006-2007 2 Appropriation Act (No. 1) 2007-2008 3 Appropriation Act (No. 1) 2008-2009 3 Appropriation Act (No. 1) 2009-2010 12 Appropriation Act (No. 1) 2010-2011 8 Appropriation Act (No. 2) 2004-2005 2 Appropriation Act (No. 2) 2006-2007 1 Appropriation Act (No. 2) 2007-2008 3 Appropriation Act (No. 2) 2008-2009 3 Appropriation Act (No. 2) 2009-2010 7 Appropriation Act (No. 2) 2010-2011 3 Appropriation Act (No. 3) 2005-2006 1 Appropriation Act (No. 3) 2007-2008 2 Appropriation Act (No. 3) 2008-2009 2 Appropriation Act (No. 3) 2009-2010 2 Appropriation Act (No. 3) 2010-2011 2 Appropriation Act (No. 4) 2004-2005 1 Appropriation Act (No. 4) 2005-2006 2 Appropriation Act (No. 4) 2006-2007 1 Appropriation Act (No. 4) 2007-2008 1 Appropriation Act (No. 4) 2009-2010 2 AusCheck Act 2007 1 Australian Citizenship Act 2007 4 Australian Crime Commission Act 2002 1 Australian Federal Police Act 1979 1 Australian Film, Television and Radio School Act 1973 3 Australian Information Commissioner Act 2010 1 Australian Maritime Safety Authority Act 1990 1 Australian Meat and Live-stock (Quotas) Act 1990 1 Australian Meat and Live-stock Industry Act 1997 10 Australian Participants in British Nuclear Tests (Treatment) Act 2006 5 2011 DELEGATED LEGISLATION MONITOR v Australian Passports (Application Fees) Act 2005 1 Australian Prudential Regulation Authority Act 1998 30 Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 1 Australian Radiation Protection and Nuclear Safety Act 1998 1 Australian Securities and Investments Commission Act 2001 2 Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998 1 Authorised Non-operating Holding Companies Supervisory Levy Imposition Act 1 1998 Automotive Transformation Scheme Act 2009 1 Aviation Transport Security Act 2004 2 Banking Act 1959 26 Bankruptcy (Estate Charges) Act 1997 1 Bankruptcy Act 1966 3 Broadcasting Services Act 1992 47 Building and Construction Industry Improvement Act 2005 2 Building Energy Efficiency Disclosure Act 2010 3 Business Names Registration (Fees) Act 2011 1 Business Names Registration (Transitional and Consequential Provisions) Act 1 2011 Business Names Registration Act 2011 1 Census and Statistics Act 1905 2 Charter of the United Nations Act 1945 10 Child Support (Assessment) Act 1989 1 Child Support (Registration and Collection) Act 1988 2 Child Support Legislation Amendment (Reform of the Child Support Scheme - 1 New Formula and Other Measures) Act 2006 Christmas Island Act 1958 2 Civil Aviation Act 1988 308 Civil Dispute Resolution Act 2011 1 Classification (Publications, Films and Computer Games) Act 1995 1 Cocos (Keeling) Islands Act 1955 2 Commonwealth Authorities and Companies Act 1997 6 Commonwealth Electoral Act 1918 2 Commonwealth Places (Application of Laws) Act 1970 1 Commonwealth Places (Mirror Taxes) Act 1998 1 Commonwealth Services Delivery Agency Act 1997