Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard   

Previous Fragment    Next Fragment
Monday, 6 June 1994
Page: 1310


Senator COLSTON —On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move that the following delegated legislation be disallowed:

1.Superannuation Industry (Supervision) Regulations, as contained in Statutory Rules 1994 No 57, and made under the Superannuation Industry (Supervision) Act 1993

2.Corporations (Fees) Regulations (Amendment), as contained in Statutory Rules 1994 No 34, and made under the Corporations Act 1989

3.Migration (1993) Regulations (Amendment), as contained in Statutory Rules 1994 No 38, and made under the Migration Act 1958

4.Export Inspection and Meat Charges Collection Regulations (Amendment), as contained in Statutory Rules 1994 No 65, and made under the Export Inspection and Meat Charges Collection Act 1985

5.Export Meat Orders (Amendment), Export Control Orders No 2 of 1994 made under the Export Control Act 1982

I seek leave to make a short statement about the committee's concerns regarding this legislation.

  Leave granted.


Senator COLSTON —The committee's concerns with these instruments include discretions which may not be subject to review, failure to effect legislative intent, and possible invalid subdelegations of legislative power. I seek leave to incorporate in Hansard a short summary of the matters raised by the committee.

  Leave granted.

  The summary read as follows

Superannuation Industry (Supervision) Regulations Statutory Rules 1994 No 57

The Regulations provide details for the supervision of superannuation funds and trusts that are subject to regulation.

The Regulations vest a number of discretions in the Insurance and Superannuation Commissioner. Some of these decisions are subject to reconsideration and AAT review. Also, the parent Act makes some provision for review by the AAT. The Committee has written to the Minister seeking advice on whether certain other discretions, some of which could affect the operation of funds and the rights of members, are subject to AAT review and, if not, whether the exclusions are within relevant guidelines of the Administrative Review Council and the Attorney-General's Department.

Corporations (Fees) Regulations (Amendment) Statutory Rules 1994 No 34

The Regulations introduce lower incorporation fees and annual return fees for superannuation trustees who elect to be regulated as corporate entities for the purpose of the Superannuation Industry (Supervision) Act 1993.

New Schedule item 32A confers a discretion on the Australian Securities Commission to decide whether a company is operating solely as a trustee of a regulated superannuation fund. The exercise of this discretion determines the level of incorporation fees and annual return fees for relevant companies. Given that the Explanatory Statement advises that the purpose of the present amendments is to prevent abuse of the fees, the discretion appears to be important. The Committee has written to the Minister seeking advice on whether this discretion is subject to AAT review and, if not, confirmation that the exclusion is within relevant guidelines for the Administrative Review Council.

Migration (1993) Regulations (Amendment) Statutory Rules 1994 No 38

The Regulations amend provisions relating to the circumstances in which an entry permit may be cancelled and relating to the fulfilling of health undertakings, amend concessional family visa and entry permit provisions, amend prescribed criteria and X-ray examination provisions for visitor visas and entry permits.

New clause 9234 of Schedule 9 inserted by r.21.1 provides that certain persons over 16 years must pass a chest X-ray examination by a radiologist before undertaking more than four weeks study in Australia, unless the person is from a country designated by Gazette notice as a country to which the condition does not apply. The Committee has written to the Minister seeking advice on whether such an apparently legislative power is legally valid and, if it is, whether relevant notices should be tabled in Parliament and be subject to possible disallowance.

Export Inspection and Meat Charges Collection Regulations (Amendment) Statutory Rules 1994 No 65

Among other things, the Regulations provide for the Secretary to defer payment of charges or instalments of charges and, in specified circumstances, to refund or remit charges.

The Committee has written to the Minister seeking advice on whether these important discretions are subject to AAT review and, if not, for confirmation that the exclusions are within the relevant guidelines of the Administrative Review Council. The Committee has also asked for advice on the circumstances in which certain discretions will be exercised by a delegate of the Secretary and of the persons to whom delegations will be made.

Export Meat Orders (Amendment) Export Control Orders No 2 of 1994

These Orders make amendments to the procedures for dealing with animals that have been treated with a hormonal growth promotant.

Orders 139A.2(b) and 139A.3(c) provide respectively for the Secretary to declare foreign countries for the purposes of the Orders and to approve a system to indicate that an animal has not been treated with HGP. These powers appear to be legislative. The Committee has written to the Minister seeking advice on whether this apparent subdelegation is legally valid and, if so, whether these instruments should be subject to tabling and possible disallowance.