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The Parliament of the Commonwealth of Australia

SENATE STANDING COMMITTEE ON REGULATIONS AND ORDINANCES

Seventy-first Report

50th Anniversary of the Committee

March 1982

Brought up and ordered to he printed II March 198:!

Parliamentary Paper No. 47 / 1982

Parliamentary Paper No. 47/1982

The Parliament of the Commonwealth of Australia

SENATE STANDING COMHITTEE ON REGULATIONS AND ORDINANCES

Seventy-first Report

50th Anniversary of the Committee

March 1982

The Commonwealth Government Printer

Canberra 1 982

© Commonwealth of Australia 1982

ISBN 0 644 01813 5

Printed by Authority by the Commonwealth Government Printer

SENATE STANDING COMMITTEE ON REGULATIONS AND ORDINANCES

MEMBERS OF THE COMMITTEE

Senator A.W.R. Lewis (Chairman) Senator M.C. Tate (Deputy Chairman) Senator N.T. Bonner Senator J. Coates

Senator D.J. Foreman Senator A.J. Missen Senator M.S. Walters

PRINCIPLES OF THE COMMITTEE

(Adopted 1932; Amended 1979)

Th e Committee scrutinises delegated legislation to ensure:

(a) that it is in acco rdanc e with the statute;

(b) that it doe s no t trespass unduly o n personal

righ t s and libe r t ies;

(c) t hat it does no t unduly make the rights and

li be rt i es o f c itize ns dependent upon

ad ministrative dec isi o ns which are not subject

t o review of the ir merits by a judicial or

o t her independent tribunal; and

(d) t hat it does no t con tain ma tt e r mo re

a ppro priate f o r Pa rliamenta r y en actment .

CONTENTS

PAGE

SECTION 1: ORIGIN AND FUNCTIONS OF THE COMMITTEE 1

SEC TION 2 : LEGISLATION CONSIDERED JUNE 1981 -FEBRUARY 19 8 2 8

Matters arising from Previous Report: (a) Defence Force Regulations (b) A.C.T. Traffic (Amendment) Ordi nance (c ) Substantive Territory Legislatio n (d) Defence Determination No. 11 of 1981

Family Law (Institute of Family Studies ) Regulations

8

9

10 10

11

Sta tes (Tax Sharing and Health Grants) Regulatio ns 12

Te rtiary Educatio n Commission Regulations (Amendment ) 12

Remuneration Tribunals (Miscellaneous Provisions) Re gulations (Amendment) 13

Natio nal Park s a nd Wildlife Re gulation s (Amendme nt)l4

Money Lenders (Ame ndme n t ) Or d inance

Administrative De cisions (Judicial Rev i e w) Regula tio ns

Expl a nato r y State me nts

Uni f o r m Comp anies Legi s l a tion

Un de rtakings by Ministers

14

16

1 6

1 7

18

SEC TION 3 : MEMBERS OF THE CO MMITTE E 1 932-198 2 1 9

SECTION 4 : LIST OF REPO RTS NOS 1 TO 70 22

SECT I ON 5: INDE X TO FIRST TO SEVENT IETH REPORT S 35

APPENDICE S I TO I I I :

I: ma de unde r Acts of the Parliament

and subject t o d isal lowa nce or disa pprova l by either House o f the Parliament II: Report on undertakings b y Minis t ers t o am e nd

or r eview delegated l eg i s lation I I I : Recomme ndations con t ained in Repor t s (other t ha n t hose for a me ndment o r review of particular regulations and o r d i nances )

l.

STANDING COMMITTEE ON REGULATIONS AND ORDINANCES

SEVENTY-FIRST REPORT

l. The Standing Committee on Regulations and Ordinances has the honour to present its Seventy-first Report to the Senate. This Report marks the fiftie th anniversary of the Committee's establishment on 11 March 1932.

In addition to its general report, which acquaints the Senate with the Committee's consideration of legislation since the Seventieth Report was presented t o the Senate on 11 June 1981, the Committee considered it might be appropriate to give an account of its origin and functions. The Committee has also taken the opportunity

in this Report to update the list of members of the

Committee, Reports and the Index , last presented to the Senate in the Sixty-seventh Re port which was tabled on 29 August 19 79.

SEC TION 1: ORIGIN AND FUNCTIONS OF THE COMMITTEE

2. The Senate has for long taken a considerable i nteres t

in the effective scrutiny of delegated legislation made under general regulation-making provisions of

Acts of the Parliament. Indeed, it is fair to say that

t he Aus tralian Senate is the world path-finder in the

are a of parliamentary control of executive acts under de legated authority.

3 . As early as 1929, the quite natural des ire of the executive

to qo about i ts business with minimal interference from the elected representative s of the people was cha l le nged by the Se nate, which recognised tha t extensive recourse to-regulation-making power could usurp t he

legislative author i ty of the Parliament. Accordingly, the Senate resolved to establish a select committee wh ich included i n its terms of reference a requirement

to examine and report on the executive power, enshrined

2.

in legislation, to make regulations and other instrume nts governing the rights and l iberties of the ordinary citizen .

4. Fo llowing consideration of the Committee's Report, the Senate r e sol ved that parliamentary scrutiny of acts of the executive - well-intentioned though they might be - was imperative. The Senate therefore agreed, in 1932, to incorpora te within its Standing Orders a mechanism for the appoi ntment of a standing committee

to examine all delegated legislation subject to disallowance by the Parliament.

5 . It is to b e note d that the stand ing committee was name d

t he Standing Committee o n Regulations an d Ordinances.

Thi s title reflected th e practice at the time that

delegated legislation s ubject to di sallowance was normally either a r e g ulation or an ordinanc e : disparate instruments of executive authority were r elat ively unknown. With the growth o f governmental activity , however, the variety o f instrume nts which a re subject to disallowance has

i ncreased. The Comm ittee considered it necessary to

e xamine these i ns truments and, followi ng negot i ations

be tween the Commi ttee and Ministe r s , welcome modifications to various instruments were ma de to accord with the Committee ' s suggestions . In 1979, the Commi ttee 's practi c e of

examinin g instrumen ts o t he r than regulations and ordinances

was formal l y recogn ised by amen d ment to the Standing Order u nder wh ich i t i s establ ished . The Standing Order now reads:

3 6A . ( l.) A Stand i ng Comm ittee, to be called

the S t a ndl n<; Comm ittee on Regu l ations and Ordinances , shal l be appoi n ted at the comm e ncement of e ach Pa rliame nt .

(2) The Commtttee s ha ll consis t of seven Senators

chosen 1n t he f o l lowi n g manner :

3.

(a) The Leader of the Government in the Senate

shall, within four sitting days after the commencement of each Parliament, nominate, in writing, addressed to the President, four Senators to be members of the Committee.

(b) The Leader of the Opposition in the Senate

shall, within four sitting days after the commencement of each Parliament, nominate, in writing, addressed to the President, three Senators to be members of the Committee.

(c) Any vacancy arising in the Committee shall be filled after the Leader of the Government or the Leader of the Opposition, as the

( 3.)

case may be, has nominated, in writing, addressed to the President, some Senator to fill the vacancy.

The Committee shall have power to send

for persons, papers and records, and to sit during Recess; and the Quorum of such Committee shall be four unless otherwise ordered by the Senate.

( 4.) All regulations, ordinances and other

instruments, made under the authority of Acts of the Parliament*, which are subject to disallowance or disapproval by the Senate and which are of a legislative character, shall stand referred

to such for consideration and, if necessary,

report thereon. Any action necessary, arising from a report of the Committee, shall be taken

in the Senate on Mot i on after Notice.

6. It is also noteworthy that the Standing Order does not

set down firm guidelines governing the Committee's operation. However, the Committee adopted four principles suggested by the Select Committee which recommended ltS establishment, which, while slightly modified to

* A list of all types of instruments, and the relevant

Acts under which they are made, is at Appendix I.

4.

take account of legislative provision for review of t he merits of administrative decisions, have remained

unchanged in substance to the present day. These principles appear on the first page of each Report the Committee makes to the Senate.

7. As .the principles indicate, the Committee has always been concerned to ensure that the policy aspects of delegated legislation do not intrude upon its primary task of protecting the individual. To that end, the Committee's evaluation of delegated legislation has never touched upo n the merits of the parent legislation passed by the Parliament. The Committee's continuing concern, rather, is to achieve a balance between necessary executive functions, on the one hand, and the individual rights and liberties of citizens, on the other. Throughout its history, therefore, the Committee has concentrated on those provisions which have given administrators discretionary, unacceptable control over the day-to-day c o ncerns of the people or which have attempted to remove

personal liberties such as the right to refuse to give evidence on the gro unds of self-incrimination, the right to requ i r e that the onus of proof be upon the

prosecution rat her than the defence, and the right to pri v acy - par tic ularly in the area of searching

pre mi ses without warrant and seizure of property.

8. The Comm ittee has worked qu i etly but effectively for s o long bec ause of sanction it has over executive

decisio n - mak i ng. The u ltimate power of the Parliament

o ver de le g a t ed l egislat i o n lies in its capacity, provided

f o r i n the Acts Inte rpretation Act, to disallow most

in s t r· ur.1e nts. The Comm i ttee - and the Senate itself - have a n admi rable r ecord o f judicious use of this

power , in t hat a ny mo t ion for disallowance which has

been mo ved o n t he Committee 's behalf has been accepted by t h e Senate despite the will o f the Government concerned.

As a r esult , Ministe rs are wary of showing any intransigence

5.

in the private negotiations undertaken by the Committee. The Committee therefore has an outstanding record of considerable influence upon executive actions.

9. Nevertheless, the Committee has continually sought ways to enhance its scrutinising function. It therefore took the initiative in 1979 to arrange a conference of Westminster-style parliaments which had established

similar delegated leg i slation committees. This conference - the Commonwealth Conference of Delegated Legislation

Committees - took place in September-October 1980, and representatives attended from the parliaments of Britain; Canada - both federal and provincial legislatures; Af r ican nations such as Zambia and Ghana; India; Papua

Ne w Guinea and all the Australian States. It was clear

from the conference t hat, while various legislatures have their own methods of dealing wi th delegated legislation, the commitment to ensure Parliamentary control of exec utive actions is a common feature of the legislatures r epresented. As the carefully-thought-out papers produced, and the

st 1mulating discuss i on which ensued, indicated, parliaments t hroughout the Commonwea l th will no t readi l y relinquish

powers they a l ready hold. It also became apparent that each legis l ature had much to learn from other legislatures work i ng with i n nominally t h e same Westminste r -based

parli amen t ary system.

l C'· . S i nce that meeting , t h e Senate S t anding Committee has

b e en giv i ng conside rat1on t o ma t ters, raised in the

c o u r s e o f the conf e rence, which a re of g r eat s ign i ficance

t o l t s own operations.

[ i . Fo r 1t 1 s no·,.; examini ng t h e mo re ex t ens i ve

u s e of t h e a ffirmati v e resolut ion procedu r e i n r elatio n

to dele g ated l eg 1slat i o n. Thi s p rocedure i s alrea dy

av a ilabl e wi t h in t he Fe d e r a l system t o g1 ve Parl iame ntar y

approva l to cer t ai n execut1 ve acts before the y come " n t o o p e ratio n . Ex a mple s i nc lude p rop o sals to proc eed

w1 t h v a rious st a ge s of the New Parl 1 a men t Ho us e . Ho we v e r,

6.

the affirmative resolution procedure is rarely used in relation to "normal" delegated legislation, and the Committee is now examining the desirability of extending its use to some of these instruments.

I

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I

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i i I 1

12. A second point taken up by the Committee is the examination of delegated legislation in draft form before it is made. Already, the Committee has achieved some measure of success in persuading Ministers - who, after all, do not like the embarrassment of Parliamentary disapproval of their executive acts - to give the Committee the

opportunity of considering their proposed executive acts in draft before they come into effect. This development in the Committee's procedures is at an experimental stage, and no firm views as to its efficacy have yet

been determined.

13. Another problem, which up to the present the Committee has found it virtually impossible to resolve, is the difficulty involved, for both the Committee itself and the executive, in giving effect to the Committee's suggestions without the requirement to make a new instrument. At present, for convenienc e , the Committee generally accepts a Go vernment's undertaking to make the required amendment at a later time, without proceeding to disallow­ ance . How e ver, s ubstantial delays in giving effect to the t tee's recommendations have caused the

Committe e concern. The Committee is therefore examining the advantages of formally recommending amendments to dele gated legisl ac i on, to be made immediately by the Par l iamen t . This wo ul d obviate the necessity of rec o mm e nd ing d isa l lowance o f the entire instrument,

fo r wan t of a g reement on o ne small but significant

sec t ion, and should prevent the delays in the Government's making new instrument s, a t a much later time, to accord

with the Comm i ttee 's propos als. There are, however, significant d isadvantages to this procedure, most notably the extensio n of Parliament's legislative authority to amend e xecutive ru l es made under powers delegated to governme nt by Parliament.

7.

14. The last proposal emanating from the conference discussions, to which the Committee is giving its attention, is the most important power, provided under statute in Tasmania, that, when the Parliament is not sitting, the Tasmanian legis­

lature's Subordinate Legislation Committee's recommendations concerning delegated legislation must be accepted or the operation of the is suspended. This proposal would

have advantages for both government and the parliament. Clearly, it would be of great advantage to government to know that delegated legislation of which it was unsure would be scrutinised immediately by the Committee.

For the Committee's part, such a procedure would ensure that objectionable legislation would be subjected to immediate examination, and parliamentary control over the operation of such legislation would be maximised.

15. Given the significance of the issues involved, the Committee has not yet reached conclusions on the merits o f the i ndi v idual pr oposals. Recently, it has received

the considered views of the Attorney-General i n relation to all the matters raised at the conference, and will continue its evaluation of the applicability of the procedures to lts opera t ions, taking the Attorney-Gene ral's

comments into account.

1 6 . Anothe r matter, wh ich has concerned the Committee over a

s ubstan t ia: period , is the blunt weapon, referred t o ruefully

at p aragraph 33 of its Seventieth Report, it has available to it t o disallow Regulations in order to censure departments for de lay in conferri ng a benefit upon individuals. Further, i t is difficult for the Committee to recommend disa l lowance

o f an i nst rument which, wh l l e conferr ing b e ne f its upo n

certa l n i nd i v lduals, a l s o h a s the effect o f pena l ls i ng o thers

under t he s am e p r ov is i o n.

17 . Th e Atto r ney - Ge neral, in h is lette r t o the Comm i t t ee, h a s

suggested t he p o ss i b illty o f e xtending the power o f either House of the Parliame n t to di sallow a part o f a Regu l ation

8

(as he puts it, "necessarily a self-contained part"). The Committee commends this forward-thinking approach to the problem, and will consider the Attorney-General's proposal as part of its review of the Committee's existing procedures.

18. Apart from these somewhat revolutionary concepts -in the Australian federal context - certain advances in the Senate's scrutiny of delegated legislation have been achieved since the Commonwealth Conference on Delegated Legislation Committees was held. On 26 May 1981, the Attorney-General announced that the Government had agreed to amend the Acts Interpretation Act - the statutory authority for the Parliament's control of delegated l e gislation - to accord wi th the Committee'.s recommendations .

( See Appendix III to Repo rt.) The measures agreed to,

r e commended in reports dating as far back as 1974, though

s eemingly of a machinery nature, will nonetheless have the

effect of further asserting the Parliament's right to s c rutinise and control exe cutive actions under parent Acts.

SECTION 2: LEGISLATION CONSIDERED JUNE 1981 TO FEBRUARY 1982

MATTERS ARISING FROM ?REVIOUS REPORT

(a ) Defence Fo rce Regula t ions (Statutory Rules 1980 No. 95)

19 . The Commi tt .·e reporte d t o t he Sena te that it had written

t o t he Mi nister for De fenc e requesting consideration

of t he inse r tion of a prov i sion where applicants

a r e aggrieved by a decisio n of the Mi nister authorising

payme nt to an applicant where he i s satisfied that t he appl i can t wa s the owne r o f unc l aimed property which

has been so l d . It further reporte d its c o ncern that advice

sou gh t by t he De partmen t o f Defence from the Attorney­ Ge ne ral's De p art ment had no t been f o rthcoming.

20 . On 22 Sep t e mber 1981, the Minister Assi s ting the Minister

for Defenc e adv i sed that a Government decision, made si nc e the Re g ulations and the Committee's comments,

9.

to establish the office of the Defence Force Ombudsman should ensure that a sufficient mechanism exists for review of decisions taken pursuant to the Regulations. The Minister indicated that, if the Committee were not satisfied with this procedure, he would pursue the question of review by the Administrative Appeals Tribunal.

21. The Committee considers that an appeal to the Ombudsman provides a practical solution to the matters of concern to it, but will keep the procedure under review and seek a formal amendment at a later time if the current

arrangements are not satisfactory.

(b) A.C.T. Traffic (Amendment) Ordinance (No. 9 of 1981)

22. The Committee reported that the Minister had given undertakings that a general Ordinance, incorporating a code covering the law relating to parades, processions

and assemblies, generally, in the Australian Capital Territory would be made prior to Anzac Day 1982, and that the Traffic (Amendment) Ordinance would not operate in 1982. The Min i ster also agreed to submit the draft

general Ordinance to both the Commlttee and the A.C.T. House of Assembly prior to its coming into operation.

23. Preparation of the Ordinance is at an advanced stage, and the Committee has already held detailed discuss i ons with officers of the Department of the Capital Territory and the Attorney-General's Department. The Committee

understands that the draft Ordinance has been made available to the A.C.T. House of Assembly. In addition to its preliminary consu l tations in relation to the draft Ord i nance, the Committee will exami ne the Ordinance, i n accordance with its normal practice, af t er it has been made.

10.

(c) Substantive Territory Legislation

24. Following its consideration of the A.C.T. Health Commission (Amendment) Ordinance, contained in Ordinance No. 6 of 1981,

the Committee reported to the Senate that it was considering the most appropriate means of drawing the Senate's attention to matters which, while not necessarily warranting disallowance under the Committee's principles, are nonetheless of such significance as to merit substantive discussion in the Senate.

25. At pres e nt, the Committee is c o nsidering papers prepared at its reque st by the former Deputy-Chairman, the Hon. J.L. Cavanagh, and its Legal Adviser, and is awaiting the Attorney-General's comment on the question. It will make a further report to the Senate at a later time.

(d) Defence Determination No. ll of 1981

26. The Committee expressed c o ncern at the undue delay ln extending payment of Education Allowance to a member of the De fence Force who, on posting, either places his child at a school in an area where he reasonably

exp e cts to be next pos ted and i s not so posted, or

l eave s his child at a school in the old locality with

the r eason able e xpe ctati on of returning there on his next post i ng and is not so posted.

2 7 . Subseque ntly, the Minister advised the Committee that

t he De t e rmination as made d id not cover the situation

i t was intended to cover . The Minister and the Department

o f Defe nce t oo k the view that, despite the retrospectivity

- f o r which the Committee had previously criticised

the Department - a new dete rmination should be made, o n t h e gro un d t hat the i nte rests of an individual membe r

o f the De fence Force sho ul d not be prejudiced by administra­

tive e rro r. The Committee agreed with this view,and Dete r mination No. 48 of 1981 was made on 15 Oc t ober

198 1 to o vercome t he pro bl e m. The Determination was

11.

considered by the Committee in the normal way. The Committee appreciated the courtesy of the Minister Assisting the Minister for Defence, and Departmental officers, in this matter.

28. Further, the Committee takes the opportunity to commend the Ministers, and the Department of Defence, for their general attitude to the Committee. Quite clearly, the Ministers and departmental officers have taken notice of some of the Committee's more trenchant criticisms, over

a period of time, of delays in conferring benefits

upon members of the Defence Forces. The Department appears, on the one hand, to be making efforts to ensure that delays are minimised and, on the other, to give the Committee detailed explanations - even when, as

in this case, some embarrassment is involved - of the reasons for delay or oversight in relation to the Determin­ ations made .

FAMILY LAW (INSTITUTE OF FAMILY STUDIES) REGULATIONS

29. The Committee, in considering the Family Law (Institute o f Family Studies) Regulations, contained in Statutory

Rules 1981 No. 59, noted that a requirement that the Insti tute report to Parliament was contained in the Regulat ions, rather than in the Family Law Act. The Committee

therefore requested the Attorney-General to consider includ i ng the reporting requiremen t in proposed amendments to the Act .

30 . On 25 August 1981 , the Attorney - General advised that

he aqree d t hat it would be desirable to include the

requirement in the Act, rather than in subordinate

legis lati on , an d undertook to include the provision in an ame nding B1 ll . The appropriate provision is contained

i n the Fami l y Law Am e ndment Bill 1981, presented to

the S e nate o n 20 October 19 8 1.

31 . The Comm ittee app r eciates t he expeditious fulf i lment

o f the Attorney-General ' s commitment.

12.

STATES (TAX SHARING AND HEALTH GRANTS) REGULATIONS

32. As indicated to the Senate on 27 October and 11 November

1981, the Committee was c o ncerned with two aspects of these Regulations (Statutory Rules 1981 No. 99). The first related to whether the Regulations accorded with the intention of the legislation under which they

were made, wh i le the second concerned the absence of notification of rights to persons who may be eligible for services without charge as hospital patients.

33 . Fo llowing consultations with the Minister, the Committee

was satisfied that the Regulations accorded with the intention of the legislation, and that practical, and p o ssibly legal, d i fficulties stood in the way of adopting

the Committ ee's sugge s tion in relatio n t o the notification of rights.

34. When withdrawi ng the not i ce of disallowance of these Regulation s , t he Committ ee i ndicated its concern that

the agreeme n t between the Co mmo nwe al t h and t he States, t o which the p arent l e glslatio n has given effect, may

itself be i nade quate in reg ard to the notification o f r i g h ts o f p e r sons, and h a s expresse d this view to

t he Min i ster for He alth.

TERTI ARY ED UC ATI ON COMMISS IO N REG ULATIONS (AMENDMENT )

3 5. The Commi t tee , i n consider ing t hese Re gulations (Statutory

Rules 198 1 No . 1 34 ) , no t ed t hat Regulat i on 8, which

del e ted the Co l l ege o f Nursing, Austral ia, from the

list o f t erti a r y i ns t itutions f o r the purposes of the

Com monwealth Tert iary Educ a tion Commissi o n Act 1977,

was r e t ros pe c t i ve in opera t ion to 22 June 1977. No

explana t i o n o f the retrospectiv ity was inc luded in t h e Expl a na tor y Stat e men t a ttache d t o the Regulatio ns.

The Co mm i ttee t here fore soug ht a dvice fr o m the Minister

f or Ed ucat i on on t he r e a sons f o r the de lay in making

t he Regu l a tions .

13.

36. The Minister adv ised that the College of Nursing was

amalgamate d with the Lincoln Institute of Health Scienc e s with effect from 1 January 1977. The Lincoln Institute is a college of advanced education for the purposes of the Tertiary Education Commission Act, and provision o f Common wealth financ i al assistance for the advanced

e ducat ion activities which were formerly the responsibility

of the College of Nursing had been included in grants f o r the Lincoln Institute . The Minister indicated that

t he delay in deleting refere nce t o the College of Nursing

f o llowi ng amalgamation was the result of an administrative

overs ight.

37. In the lig ht o f the Ministe r 's exp l anation, the Committee

decided to take no fur t her actio n in relation to the

Regulations , but draws the retrospective provision

t o the a ttentio n of the Senate in accordance with the under­

t aking give n in the Comm i ttee 's Twenty-fifth Report.

REMUNER ATION TRIBUNALS ( MISCELLANEOUS PROVISIONS) REGULATIONS

(AMEND MENT )

38 . The Co mm ittee cons i d e re d t h e se Regulations, c o ntained

in Sta t uto r y Rule s 19 81 No . 1 40, together with a let te r

from t he Mi niste r fo r Adm i nistrat ive Services explaining their r etrospective operat ion to 28 Ma r c h 19 8 0 . The Committee no t ed that Lh e ma t t e r o f paymen t to the Port

Conc iliators cove r e d by t he Regul ation s wa s bro ught

to t he attent ion of t he Min i ster' s De p a rtme nt o n the

dat e chosen f or implemen t ation o f t he al l ow a nce , and

also noLed t he Ministe r ' s v iew that i ndiv i du a l o ffice-hol der s

shou ld no t be pen a lise d fo r the delays i n he re nt in the

process of co nsiderat i on .

39 . Fo l l owi n g fur Lhe r con su l t a tions with the Min i ster,

the Co mmlttee acc epte d that , i n the circ ums ta nc e s, t he date of opera t ion o f the Re g u l ations wa s j us t ified.

14.

NATIONAL PARKS AND WILDLIFE REGULATIONS (AMENDMENT)

40. As reported to the Senate on 11 November 1981, when

withdrawing the notice of motion to disallow the National Parks and Wildlife Regulations (Amendment) contained in Statutory Rules 1981 No. 197, the Committee had been concerned to ensure that a right of review of decisions of the Director of National Parks and Wildlife be inserted in the Regulations. As previously reported to the Senate (70th Report, paras 21-22), a similar right of review of certain decisions of the Great Barrier Reef Marine Park Authority was inserted in the Capricornia Section Zoning Plan.

41. Following consultations with the Committee, the Minister advised that a right of review to the Administrative Appeals Tribunal would be inserted in the Regulations.

MONEY LENDERS (AMENDMENT) ORDINANCE

42. The effect of this Ordinance is to exempt building and c r edi t soc i eties from provisions of the Money Lenders Ordinance governing contracts for loans at an interest rate a bov e 1 2 per centum per annum, with retrospective effec t to 1 December 1980.

43. As indica te d to the Senate when the notice of motion

f or the d isallowance of this Ordinance was withdrawn

o n 26 November 1981, the Committee was concerned with

a n um ber of aspects. Firstly, the operation of the

Or d inanc e wa s made retrospective to 1 December 1980.

Secondly, the Committee entertained doubts as to the a dequacy of t he Explanatory Statement initially provided

with the Ordinance. Thirdly, it was concerned at the

d e lays which had occurred in making the Ordinance.

Finally, the Committee was concerned about the selective operat i on of the Ordinance, in that the legal rights of borrowe rs from building and credit societies were being diminished, while the rights of borrowers from other institutions were not similarly affected.

15.

44. Following detailed explanations from the Attorney-General and, in particular, having regard to the consequences which could result from the disallowance of the Ordinance, the Committee decided not to proceed with the notice of disallowance. However , the Committee remains concerned about

two aspects of the making of the Ordinance.

45. Firstly, the Committee remains dissatisfied regarding the Explanatory Statement accompanying the Ordinance. After close examination, the Committee deduced that the effect of the Ordinance was to exempt, from l December 1980, building and credit societ i es from the effects of the increase in interest

rates above 12 percent on contracts taken out between that time and t he making of the Ordinance. However, the purpose of the Ordinance, as stated in the explanation provided, was: to remove the n e ed for the duplication of the

regulation of [building and credit] societies." While the r etrospective operat ion of the Ordinance was r eferred to in the State ment, there appeared to the Committee

t o be no immediately obvious connection between the

retrospectivity and the stated purpose of the Ordinance.

46 . Secondly , the Committee was c o ncer ned abou t the admi nistra­

t ive del ays in mak i ng t he Ordinance, which came into effect

o n 3 Septemb e r 19 81. The At t o rney-General advi sed the

Commi ttee tha t the problem giving rise to the making of the

Ordi na nce was drawn to his Department 's attention on 22 J a nuary 1981 , and t hat a d raft Ordinance was sent to the

A. C . T . Ho use o f As sembly on 1 9 May. The House of Assembly did

not deal with the Ord i nance until 27 July, and i ts views were

not ma d e known to the until 17 August 1 981.

Whil e the Committee apprec iates that the House of Assemb ly 's

cons l de ra tion was o ut side the Atto rney-General's control, i n view of the se r iousness of the consequences f o r

b uil di ng and c redi t s ociet ies of de l ays i n mak ing t he

Ordina nce t he Committee cons i ders that the t ime taken i n1 tial ly in mak i ng the draf t instrument was inordinate ly

lon g .

16.

47. The Committee raised both these matters with the Attorney­ General, who expressed his regret at the delay in making the Ordinance, and i ndicated his view that the Committee's cri ticism of the Explanatory Statement was not justified .

Ho we ver , the Committee now reports in greater detail on the

d i squiet which gave rise to the statement made in the

Senate.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS

48. These Re gulations, conta j ned i n Statutory Rules 1981 No . 27 4, c o ntinue in forc e a limitation, i mposed in

the Sche dule to the Admin i strative Decisions (Judicial Revie w) Ac t , on the ri ghts o f certain individuals t o

r e c e i v e rea s o ns f o r d e cisio n s o n promotions, transfers

and appe al s i n the Austra l ian Public Service.

49. The Comm i ttee was adv ised by the Acting Attorney-General that t h e Go ve rnment wa s c o nsidering the issue o f giv ing r e a s ons fo r promo tion and transfer decisions within

t h e context o f the n e w procedures c o nta i ned in the

Pu b l ic Ser v ice Acts Amen dment Bill 1981. A notic e of

d i sal l owanc e given b y the Comm i ttee on 24 November

1981 r e ma i n s o n t h e Sena t e No t i ce Pa per, p e nding further

adv i ce o f Gov ernme nt d ec i s i ons on the issues involved.

STATEMEN TS

5 0. l n p ursu i ng i ts wo rk o f examining d e legated legislatio n

on beha l f of t h e Senate , the Co mmi ttee is dependent

upo n Ex p l anatory State ments , provide d with the i nstruments, fo r c he r eason s f o r ma k in g t h e l egi s latio n, and the

ef f e c t s i t mi gh t have , i n t he s a me way as the Se nate

itsel f is d e p e ndent upon Min i sters' Seco nd Reading spe e c h es a n d Exp l a natory Memoranda o n pare nt l e gislatio n.

Sl . During t h is past y e ar, t h e Co mmitte e has noted some

deficienc ie s i n the Stateme nts , rangi ng from wha t the

Comm i t t ee r e garded a s ina dequac i es i n s tat ing t he pu r p o s e of

17.

the instrument, advert ed t o in paragraph 45 above, thr o ugh omissions of reasons for provisions - necessitating otherwise avoidable c o rrespondence with Ministers, as evidenced in paragraph 35 above - to inadequate descriptions of features of provisions (for example, the Student Assistance

Regulations contained in Statutory Rules 1981 No. 341, which by Sub-regulation 2(c) expanded eligibility criteria for "independent student" status, thus conferring a significant benefit on certain persons ) .

52. In view of the fact that matters o f concern to the Comm i ttee,

and the principles under which it o perat es, are well understood to those involved in the preparation of dele gated l egislati on, it appears to the Committ ee that more

comprehensive and detailed statements, where appropriate, would assist it in i t s o p erations, thereby lessening the

burden on both the Committee and Ministers.

UNIFORM CO MPANIES LEGISLATI ON

53. Fo r s o me time, the Co mm i tte e has b e en c o rresponding

with t he Chairman of the Qu eensland Subo rdi nate Le g i slat ion Comm i t t e e concern i ng the amend me nt o f State Companies

Acts b y r e g u lat ion, rat her than by parent Act ("He nry VIII

Clauses " ).

54. A furt her p . ::- oblem o f concern t o both Co mm i t t ees, and i n d eed

to a l l Au str a l ian Delegate d Legislation Committees, is their r e lative imp ote nce 1n c onside r i ng Regulations ma de u nde r the uniform Com pan i es l e g i s l a tion, i n that

a ny s uggestions fo r c hange, made under the Co mmit t ees'

pri nc ip" es , would need to be consider e d fu r t he r b y

t he Mi nister1al Cou ncil wh ic h must agree to such c hanges .

t he pressure on Co mm ittees to a gree t o the Re g ul at i o ns

witho ut c o mmen t is great indeed .

55 . Two encoura g1 n g devel opme nts i n r el a tion to both t he

"H enry VI I I Clause " prob l em fo r the States, and the

of Regul a tions , may now be reporte d . Firs t ly ,

18.

this Committee wrote to the Minister for Business and Consumer Affairs, forwarding copies of correspondence between the Senate and Queensland Committees. Following consideration of the correspondence, the Minister agreed to refer the

"H e nry VIII Clause" problem to the Ministerial Council. This

Committee awaits his reply before commenting further on this

aspect.

56. So far as Regulations are concerned, the Minister paid the Committee the courtesy of referring to it the most recent Companies Regulations in draft form. The Committee examined the draft Regulations and reported to the Minister that, as at present drafted, they did not offend against its principles. While such initial examination would not preclude the Committee's taking action upon the final Regulations, if the need should arise, the early examination of the Regulations in draft has ensured

that the constraints identified in paragraph 54 above have been obviated in this case.

UNDERTAKING S BY MINISTERS

57 . The Committee expresses i ts apprec i ation of the co-operation

extende d to it by Ministers and their Departments. For the i nf orma tion of the Senate, a report of progress

made i n t he fulf ilment of o utstanding undertakings

l iste d in che Committee 's 66th, 69th and 70th Reports

i s attached as Appendix II. Also appe nded is a summary

of of the Committee, other than recommend­

ations ame ndme n t or review o f particular pieces of

de l egate d l e g islation, a n d action taken or foreshadowed in re l a t io n t o t hem .

l9.

SECTION 3: MEMBERSHIP OF THE COMMITTEE 1932-1981

Note: Prior to 1966 the Committee was appointed at the beginning of each session. Since 1966 it has been appointed at the

beginning of each Parliament, which is determined by the duration of the House of Representatives. Where a session or a Parliament was terminated, the Committee is assumed to have remained in

ex istence until the day before the opening of the following

session of Parliament. In the case of a dissolution of the

Senate, the Committee terminates at the dissolution. Where members were appointed to successive Committees, the period

be tween the end of one Committee and the appointment of the next

is not shown. The following Senators have served as Chairmen of the Committee:

Colebatch, Sir Hal P. 4.5.32 to 20.3.33 Brennan, T.C. 1.6.33 to 22.10.34 Payne, H.J.M. 29.11.34 to 23.9.35 Duncan-Hughes, J.G. 2.10.35 to 8.12.37

McLeay, G. 8.12.37 to 17.11.38 Co llett, H.B. 17.11.38 to 17.5.39 Wilson, K.C. 17.5.39 to 30.5.40 McLachlan, A.J. 21.6.40 to 1 0 .12.40

Spicer, J.A. 10.12.40 to 22.9.43 La rge, W.J. 14.10.43 to 26.3.47 Nash , R.H. 26.3.47 to 11.5.50 T3te, J.P. 11.5.50 t o 30.6.53 Wo od, I.A.C. 23.9.53 to 26.2.7 3

Devitt , D.M. 15 . 3 .7 3 to 11 .11. 75

Wood , I. A. C. 26 . 2 . 76 t o 30.6.78

A.J. 24.8 .78 to 24.11. 80

Le wis, A.W.R. 4.12.80 to -The fol l owing Senator s have se r ved as members of the Committee:

h Obot t , M. 26. 9 . 3 5 to 29 .6. 37

A:Gstrong , J.I. 27.9.38 to 19.11.40 Ar nold , J .J. 7 . 11 . 46 t o 30 . 6 . 6 5

w. 2 . 12 . 37 to 27 .9.38

W. E. 29 .9.4 3 to 5.11.4 6

J . 1"7 . 3 . 3 2 to 25 .1 1 . 32

a ishop , R. 26.8 .65 t c 24 . 1 1. 69

N. T . :7 . 3 . 7 8 t o -

3r2 nnan, T .C. 17 .3. 32 to 22. i0 . 34

G. 26.9. 35 to 29 .11. 37

d rown , W.W.C. to 2 1. 8 . 75

28 .1 G. 75 to 18 . 8 . 76

3 utta n , J . N. 18 .7. 74 to 11 . 11 . 75

Byr .. C.B. 20.6.51 to 5 .9. 57

20.

Cameron, D. 27.9.38 to 20.11.41 Cavanagh, J.L. 31.8.66 to 26.2.73 18.8.76 to 30.6.80 Clothier, R.E. 27 . 9.38 to 22.9.43

Coates, J. 25.8.81 to-Cohen, S.H. 26.8.65 to 20.2.67 tolebatch, Sir Hal P. 17.3.32 to 2D.3.33 Collard, S.J. 24.2.76 to 17.8.78 Collett, H.B. 31.10.34 to 30.5.39 Collings, J.S. 26.9.35 to 1.10.35 Colston, M.A. 4.12.80 to 27.8.81 Cooke, J.A. 22.10.47 to 21.2.50

19.2.59 to 19.2.62 11.4.62 to 30.6.65

Cooper, W.J. 1.10.35 to 21.2.50 Cormack, M.C. 15.8.62 to 26.8.65 Courtice, B. 2.12.37 to 27.9.38 Cunningham, J. 2.12.37 to 27.9.38

Davidson, G.S. 26.8 . 65 to 19.8.71 Devitt, D.M. 23 . 2.67 to 18.8.76 Doole y , J.B. 17.3.32 to 30.6.35 Drake-Brockman, T.C. 17.9.58 to 16.2.59 Duncan-Hughes, J.G. 17.3.32 to 30.6.38 Durack, P.D. 19.8.71 to 11.4.74

24.2.76 to 18.8.76

Elliott, R.C.D. 17.3.32 to 30.6.35 Evans, G.J. 17.8.78 to 4.12.80 Everett, M.G. 18.7.74 to 11.11.75

Foreman, D.J. 9.9.81 to -Ge orges, G. 18.8.76 to 22.4.80 Greenwood, I.J. 20.3.68 to 30.3.71 Guy, J.A. 23.2.50 t o 14.2.56

Ha mer, D.J. to 9.9.81

Hays, H. 17.11.38 to 30.6.47

Katz, F. 22.10.47 to 11.6.51

La rg e , W.J. 20.11.41 to 22.10.47 La ught, K.A. 2 3. 2 .56 to 15.8.62 La wri e , A.G.E. 26.8.65 to 19.8.71 24.9.74 to 11.11.75

Lewis, A.W.R. 17.8.78 to-Mc Cl e lland , J.R. 7.3.73 to 11.4.74 Mac Do nald , A. 3 1 .5.39 to 30.6.47 McDon a ld, J.V. 26.9.35 to 17.8.37 McKellar, G.C. 19. 2 .59 to 15.8.62 McLa c hlan, A.J. 30.5.40 to 30.6.44 McLe ay , G. 26.9.35 to 17.11.38 Maher, E.B. 2 3.2.50 to 16.9.53 Ma rwick, T.W. 29.6. 37 to 29.11.37 Misse n, A.J. 16.10.74 to 12.2.75

18.8.76 to-

21.

Nash, R.H. 29.9.43 to 12.12.51

O'Halloran, M.R. 24.11.32 to 30.6.35 O'Sullivan, N. 22.10.47 to 21.2.50

Payne, H.J.M. 26.5.33 to 23.9.35 Prowse, E.W. 15.8.62 to 26.8.65

Rae, A. 17.3.32 to 30.6.35 Rae, P.E. 15.9.71 to 26.2.73 Rankin, A.J.M. 22.10.47 to 21.2.50 Ryan, S.M. 24.2.76 to 17.8.78

Sandford, C.W. 15.3.62 to 11.4.62 Scott, D.B. 18.7.74 to 24.9.74 Seward, H.S. 16.9.53 to 23.7.58 Spicer, J.A. 28.11.40 to 22.9.43

Tangney, D.M. 29.9.43 to 22.10.47 Tate, J.P. 23.2.50 to 30.6.53 Tate, M.C. 22.4.80 to-Toohey, J.P. 5.9.57 to 16.2.59

Vincent, v.s. 10.9.53 to 14.2.56

Walsh, P.A. 21.8.75 to 28.10.75 Walters, M.S. 9.9.81 to -Webster, J.J. 19.8.71 to 26.2.73 Wheeldon, J.M. 25.11.69 to 11.4.74 Wil1esee, D.R. 29.5.52 to 31.8.66 Wilson, K.C. 27.9.38 to 30.5.40

Withers, R.G. 30.3.71 to 15.9.71 Wood, I.A.C. 23.2.50 to 30.6.78 Wright, R.C. 23.2.56 to 20.3.68 7.3.73 to 16.10.74

12.2.75 to 30.6.78

22.

SECTION 4: LIST OF REPORTS

Report No.

2

3

4

5

6

Subject

Customs Regulations - prov1s1ons relating to film censorship.

General Report. Form and drafting of regulations. Air Force Regulations -matters more appropriate to statute. waterside Employment

Regulations - effect on State laws.

General Report. various regulations containing retrospective provisions contrary to Acts Interpretation Act. Telephone Regulations - reversal of onus of proof. Regulations not tabled

within prescribed time.

General Report. The Committee's principles and methods of operation. Effects of previous Reports. Acts Interpretation

Bill 1937. Trade Diversion Policy and regulations. Bound volumes of regulations. Effect of the Committee.

General Report. Advances to Settlers Regulations -ministerial powers. Numbering of Territory regulations.

No rfolk Island Ordinances -provisions for disallowance. Legislation under the National Security Act and scrutiny thereof.

General Report. Review of National Security Legislation. Legal Adviser. Re-establishment and E:mployment Act - amendment by

regulation. Norfolk Island Ordinances - prov i sions for disallowance.

Date presented

18.5.32

8.12.33

31.10.35

23.6.3B

17.9.42

30.4.47

Parliamentary Paper No.

Sl of 1932

Reprinted in 188 of 1969

52 of 1932-33 Reprinted in 188 of 1969

Sl of 1934-35 Reprinted in 188 of 1969

Sl of 1937-38 Reprinted in 188 of 1969

Sl of 1940-42 Reprinted in 188 of 1969

Sl of 1946-47 Reprinted in 188 of 1969

Report No.

7

8

9

10

11

12

13

14

23.

Subject

General Report. Tabling of regulations. Drafting of amending regulations. Tabling of Territory legislation. Amendment of statutes by regulation.

General Report. Functions of the Committee. Defence Preparations Regulations - scrutiny. Re-establishment and Employment

Act - repeal. Customs (Import Licensing) Regulations -ministerial powers.

Regulations containing matters more appropriate to statute. Statutory instruments other than regulations and ordinances.

Air Force Regulations - power to make deductions from members' pay.

Customs (Import Licensing) Regulations - ministerial powers and control over trade.

General Report. A.C.T. Companies Regulations - retrospectivity. Estate Duty Regulations -retrospectivity and delay in

promulgation. Public Service Regulations - amount of expenditure provided.

A.C.T. Meat Ordinance -administrative discretion, control ov er trade.

Civil Aviation (Carriers' Liability) Bill 1959-regulation-making power.

Date presented

26.10.49

3.6.52

21.10.54

22.5.56

2.5.57

20 . 5.57

31.10.57

18.3.59

Parliamentary Paper No.

Sl of 1948.-49 Reprinted in 188 of 1969

Sl of 1951-51 Reprinted in 188 of 1969

Sl of 1954-55 Reprinted in 188 of 1969

Sl of 1956

Reprinted in 188 of 1969

Sl of 1957

Repr i nted in 188 of 1969

52 of 1957

Reprinted in 188 of 1969

53 of 1957

Reprinted in 188 of 1969

Not printed when presented. Printed in 188 of 1969

24.

Report No. Subject

15 The Committee's power to report

upon the regulation-making power in a Bill. Ordinances of Territories.

16 Public Service Regulations -

regulation-making power of the statute and amount of expenditure authorised. Canberra Building Regulations -administrative discretion.

17 Public Service Regulations­

retrospectivity and delay in promulgation.

18 Customs (Prohibited Imports)

Regulations - ministerial discretion relating to pr ohibition of imports.

19 General Report. customs (Prohibited

Imports) Regulations - effect of 18th Report. Broadcasting and Television Regulations -powers of Broadca s ting Control

Board. Marriage Regulations-power to require information. A.C.T. Dental and Medical Practitioners Registration Regulations - liberty of the s ubject. A.C.7. Lake Burley Griffin (Temporary Control)

Ordinance - ministerial powers. Territor y legislation. Retrospect­ i v ity o f regulations.

20 Christma s I s land Tuberculosis

Ordinanc e - liberty of the s ubject.

21 Air Navigation (Buildings

Co ntrol) Regulations - property r i 0h ts of individuals.

Date presented

22.9.59

11.5.60

5.10.61

14.11.62

21.5.64

22.9.65

3.5.66

Par 1 iamenta ry Paper No.

Sl of 1959

Reprinted in 188 of 1969

Sl of 1960

Reprinted in 188 of 1969

Sl of 1961

Reprinted in 188 of 1969

Sl of 1962

Reprinted in 188 of 1969

52 of 1964

Reprinted in 188 of 1969

223 of 1964-65 Reprinted in 188 of 1969

293 of 1964-65-66 Reprinted in 188 of 1969

Report No.

22

23

24

25

26

27

2 3

29

25.

Subject

A.C.T. Advisory Council Ordinance -independence of members from ministerial control.

A.C.T. Freehold Land (Subdivision and Use) Ordinance - property rights of individuals and ministerial discretion.

A.C.T. City Area Leases Ordinance -ministerial discretion relating to leases.

Retrospectivity and delay in promulgation of regulations.

General Report. Principles and Procedure of the Committee. Various Norfolk Island Ordinances -liberty of the subject. A.C.T.

Companies (Life Insurance Holding Companies) Ordinance - defence to prosecutions. A. C.T. Sewerage Rates Ordinance - ministerial d iscretion regarding levy of

rates. Retrospectivity of financial regulations. Effect o f s ome previous reports.

Militar y Financial, Naval Financial and Air r'orce Re g u l ations -

matters mo re appropriate to statute.

Index t o the First to Twenty-sixth Report s and a reprint of those

Report s .

Na val F i nancia l Reg ulati o ns -admini s trative disc retion in relati o n to allowances and charges. Discre ti o nary po wers of a dm in i s trative bod ies.

- - --- ------

Date presented

29.9.66

5.10.67

5.10.67

28.11.68

23.9.69

23.9.69 23.9.69

16.4.70

Parliamentary Paper No.

329 of 1964-65-66 Reprinted in 188 of 1969

147 of 1967

Reprinted in 188 of 1969

148 of 1967

Reprinted in 188 of 1969

243 of 1968

Reprinted in 188 of 1969

186 of 1969

Reprinted in 188 of 1969

187 of 1969

188 of 1969

49 of 1 970

Report No.

30

31

32

33

3 4

35

36

37

38

26.

S u bject

Norfolk Island Health Ordinance -liberty of the subject.

Co nciliation and Arbitration Regulations - retrospectivity.

Cus tom s ( Prohibited Imports) Regulati o ns - administrati v e discretion relating to imports o f thera peutic substances .

Publi c Se rvice Regulations -administrative di s cretion r e lating t o public service positio n s.

Ba nkruptc y (Offenc es) Rules -po wers o f the court to allow

amendm e n t o f informa tions; power of r eg istra r to i s sue warrants .

Da iry Industry Eq ua lizatio n Leg is la ti on Refer e nd um Reg ul ati o ns - ad min i s tr a t iv e

d i sc r e ti o n r e lating t o re j ectio n

o f votes .

A.C .T. Evid e nce Ordinanc e - ma tte rs mo re a p2ropr i ate to s ub s t a n t i ve

legis l ation .

No rfolk I s la nd Or d i na nces.

Date presented

21.4.70

23.4.70

4.6.70

19.8.70

14.10.70

25.2.71

1 8 . 8 .71

26.8.71

Gene ra l Repo rt. Work of t he 26.8.71

Co mmitte e . Various A.C.T. pa ym e nt of wi t ne s ses.

Va ri o us Defe nce Fo r c es Reg ul at i o n s -a d min i s trati v e di s c r e ti o n . Natio nal

Se rvice Regu l at i o n s - mini s t e rial

discre t i o n relating to court hea rings. Publi c Se r v ice Re g ulations -a dm i n i s t ra tive discre tio n r e l a ti ng

t o pa y . Re pa tri a t i o n Re g ul at i o ns -

d i sc re t ion o f t h e Re pa triat io n

Sta t e s Receipt s Duti e s

Parliamentary Paper l'io.

50 of 1970

52 of 1970

81 of 1970

130 of 1970

160 of 1970

68 of 1971

121 of 1971

143 of 1971

100 of 1 971

Report No.

39

40

41

42

4 3

27.

Subject

Regulations - penalties. Air Navigation Regulations - administrative discretion relating to registration of aircraft. A.C.T. City Area Leases

Ordinance - ministerial discretion relating to leases. Exports (Fresh Fruit) Regulations - administrative discretion relating to exports.

Effect of previous Reports.

Certain regulations rendered invalid by a judgment of the High Court.

Committee's attitude to questions of vires.

Naval Financial Regulations -administrative discretion, unclear drafting.

Military Financial Regulat i ons­ retrospectivity.

Re trospectivity of regulations r e lating to the Defence Services.

Ge ne r al Report. Retrospective sc rutiny of regulations and o r d inances. Air Force Regulations a nd Publi c Serv i ce Regulations -

adm inis t r a tive discretion rel a ting to pay. various A.C.T. Or d inances- administrative d i sc re tio n and liberty of the

s ub j ect . Certain Norfolk I sla nd Or d inanc es- li berty o f th e subj ec t. Co nciliation and Ar b itra t io n Reg ulatio ns - mi n i s te r ial d isc reti o n relating

to l egal a cd. Native Members of

t he For ces (Torres Strait Islands) Reg ul a t i o n s - administrative d i screti o n relating t o allowances. Meat Expo rt Co n t r ol (Licences)

Reg ulat io ns- information required. Appe ndix o n th e o per a ti o n o f the

Co mmi t tee .

Date presented

23.3.72

31.8.72

28.9.72

24.10.72

27 .10.72

Parliamentary Paper No.

24 of 1972

126 of 1972

149 of 1972

217 of 1972

220 of 1972

28.

Report No. Subject

44 Commonwealth Scholarships and

Awards Regulations - delay in drafting the regulations under the Scholarships Act 1969 and consequent fa1lure to proclaim

the Act.

45 Members of the Committee 1932-73.

List of reports. Index to First

to Forty-fourth Reports.

46 A.C.T. Landlord and Tenant

Ordinance - powers of Rent Controller.

47 General Report. Honey Industry

(Election of Board) Regulations -powers of returning officers. Naval Reserve Cadets Regulations -discharge of cadets. Matrimonial

Causes Rules - disallowance by· the Senate. Navigation (Courts of Marine Inquiry) Regulations -alteration of questions before courts. Northern Territory Supreme Court Legal Assistance

Rules - report to court by police.

Variou s regulations under the Customs Act - powers of delegation. Banking (Foreign Exchange) Regulations - power of courts to order forfei tur e . Regulations

under the Cusloms Act -admini s trative discretions. Defence Forces Financial Regulations -retruspectivity . Regulations providing allowances of members of stat utory authorities -

retrospectiv ity. A.C.T. Prices Regulation Ordinanc e - liberty of the subject. A.C.T. Police (Disciplinary Provisions) Ordinance - reappointment o f successful appell ants. A.C.T. Companies Ordinance- power to exempt companies from Ordinance. A.C.T. Consumer Affairs Ordinance -

immunity of office r s from legal p r oceedi ngs. Christmas Island Police For c e Ord inanc e - search warrants. Acceptance of Mini s terial undertakings by the Commit te e .

Date presented

22.5.73

7.7.73

23.10.73

3.12.73

Parliamentary Paper No.

40 of 1973

101 of 1973

238 of 1973

290 of 1973

Report No.

48

49

50

29.

Subj ect

Public Service (Parliamentary Officers) Regulations - benefits for officers; vires.

A.C.T. City Area Leases Ordinance- regulation of contracts.

Date presented

14.3.74

16.8.74

General Report. Work of the 11.12.74

Committee. Undertakings given by Ministers. Papua New Guinea (Staffing Assistance) (Terms and Conditions of Employment)

Regulations - rights of appeal. Papua New Guinea (Staffing Assistance) (Superannuation) Regulations - benefits of of fic ers. Apple and Pear

(Cond itions of Export) Regulations -rights of licensees. Conciliation and Arbitration Regulations -particulars of charges. Student Assistance Regulations - rights of appeal. Commonwealth Scholar­

ships and Awards Regulations - r etrospectivity; Scholarships Act. Superannuation (Prescribed Rates of Interest) Regulations -

rights of provident fund contr ibuto {s. Defence Fo rce Financial Regulations - retrospectivity. A.C.T. Pyramid Selling Ordinance -liability of officers o f company. A.C.T. Sea we ed Protection Ordinance -offences. A.C.T. Motor Traffic Ordinance - exemption of veh icles

fr om Ordinance. A.C.T. Unclaimed Monies Ordinance - delegation o f powe rs. A.C.T. Legislative Assembly (Election) Regulations - registration of pol itica l parties. Christmas

Is land Impo rtation of Dogs a nd Cats Ordinance- forfeiture and destruction of prohibited imports. Notices of motion for disallowance not disposed

of when House of Represen tatives dissolved. Effect of previous reports. Appendix on the operation of the Co mmittee.

Parliamentary Paper No.

1 of 1974

279 of 1974

271 of 1974

30.

Report Date

No. Subject pre sen ted

51 General Report. Postal Services 4.3. 76

Regulations and Postal By-laws -powers of officers to open mail. Postal By-laws - compensation for lost articles. Telecommunications

(General) By-laws - immunity of Commission from legal proceedings. census Regulations - information required. Apple and Pear (Conditions of Export) Regulations - rights of licensees. customs (Prohibited

Exports) Regulations - export of historical items. Patents Regulations-fees. A.C.T. Motor Traffic ordinance­ reversal of onus of proof. canberra Hospitals (Chargesj Regulations-fees for compensation patients. A.C.T. Liquor Ordinance - rights of licensees. A.C.T. Lake Burley Griffin Ordinance - power to close Lake.

52 Cocos (Keeling) Islands Lands 18.3.76

Acquisition Ordinance - power to compulsorily acquire land,

53 A.C.T. Misrepresentation 4.5.76

Ordinance - misrepresentation in contracts; reversal of the onus of proof; matter more appropriate for Parliamentary enactment.

54 A.C.T. Manufacturers' Warranties 4.5.76

Ordinance - matter more appropriate for Parliamentary enactment.

55 A.C.T. ordinances containing 27.5.76

substantive legislation.

56 Various retrospective 2.11.76

regulations.

57 General Report. Family Law 3.12.76

Regulations - offences; court orders; sequestration. Defence Force Regulations - delegation of powers. Australian Rifle Club

Parliamentary Paper No.

4 of 1976

5 of 1976

63 of 1976

64 of 1976

126 of 1976

277 of 1976

353 of 1976

Report No.

58

59

60

Subject

Regulations - exemption from State laws. Air Navigation Regulations - powers of entry and search. Remuneration and Allowances Regulations -

remuneration of officers. Telecommunications By-laws -offences. Australian Tourist Commission Regulations -

retrospectivity. Conciliation and Arbitration Regulations -powers of returning officers. A.C.T. Surveyors Ordinance -

review of charges. A.C.T. Flammable Liquids Ordinance -powers of inspector. A.C.T.

31.

Land Rent and Rates (Deferment and Remission) Ordinance -valuation appeals. A.C.T. City Area Leases Ordinance - breaches of leases; offences. Norfolk

Island Administration Ordinance -declaration of gaols. Christmas Island Industrial Relations Ordinance- powers of Arbitrator. A.C.T. Remand Centres Ordinance -offences; powers of superintendent.

Undertakings by Ministers.

Undertakings by Ministers to amend regulations and ordinances.

Ombudsman Regulations­ jurisdiction of the Ombudsman. A.C . T. Consumer Affairs Ordinance - powers of officers;

i mmunity of officers from legal p r oceed ings; self-incrimination of witnesses. A.C.T. Legal Aid Ordinance - payment of costs by

Legal Aid Commission. A.C.T. Sale o f Moto r Vehicles Ordinance - power of Registrar to determine disputes.

De fence Force (Salaries) Regulations - remuneration o f officers.

Date presented

11.10.77

4.11.77

13.4.78

Parliamentary

215 of 1977

233 of 1977

17 of 1978

32.

Report No. Subject

61 General Report. Remuneration

Tribunals (Members' Fees and Allowances) Regulations -remuneration of the tribunals. National Parks and Wildlife Regulations - powers of

6 2

63

6 4

6 5

66

officers. Naval Financial Regulations and Air Force Regulations - administrative discretion. Defence Force

(Salaries) Regulations -Sixtieth Report. Federal Court o f Australia Regulations -remission of fees. Australian National Railways General By-law -offences; powers and immunities of Commission; onus of proof. A.C.T. Physiotherapists Registration Ordinance -witnesses' fees.

Undertakings by Ministers to amend regulations and ordinances. Standing Order 36A: matters referred to the Committee.

Historic Shipwrecks Regulations -o ffences. Superannuation (Alloc a tion of Previous Fund) Regulations - rights of contributors. Superannuation

(Additional Pension) Regulations -r e t rospectiv ity .

Principles of the Committee.

Re gulati o ns und er the Superannuation Ac t - r e trospe ctivity; amendment o f t h e Ac t b y reg ula t ion. Defence

Forc e Fi nanc ial Reg ulation s -r e t ro s pee t i vi t y .

Ge n e ral Re port. Disa llowance of r epeal i ng instrument. Onus o f pro of in criminal cases. Hi s toric Sh ipwr e c ks Re g ulati o ns - Sixty­ thi r d Re po rt. Natio nal Health Regulat io ns - rights of appeal.

Date presented

8.6.78

28.9.78

24.10.78

20.3.79

l. 5. 79

8.6.79

Parliamentary Paper No.

18 of 1978

203 of 1978

275 of 1978

42 of 1979

69 of 1979

116 of 1979

Report No.

67

68

33.

Subject

Regulations under the Quarantine Act- powers of officers; rights of appeal. Schools Commission Regulations - payment of

allowances; Ministerial discretion. Student Assistance Regulations -rights of applicants for assist­ ance. Dried Fruits Export Control

(Licences) Regulations - rights of appeal. Postal By-laws- non­ redirectable mail. Telecommunications (General) By-laws - cancellation of services; offences. A.C.T. Child Welfare Ordinance - government control of children; rights of

appeal. Outstanding undertakings by Ministers.

Date presented

Members of the Committee 1932-1979. 29.8.79 List of Reports. Index to First

to Sixty-sixth Reports.

General Report. Powers of the 19.11.79

Committee. Statutory provisions for disallowance. Notification of rights and duties. Alteration of entitlements by regulation.

Consideration of draft legislation. Evidence Act. Judicial review of administrative acts. ombudsman Regulations - jurisdiction of the

ombudsman. Audit (Exempt Accounts) Regulations - exemption of accounts from audit. Defence Force Financial Regulations - retrospectivity. Primary Industry Licensing Regulations- rights of appeal.

Federal Court Rules. A.C.T. Poisons and Narcotic Drugs Ordinance -offences and penalties. A.C.T. Fue ls Control Ordinance - powers of entry and search. Norfolk Island

Ordinances - review by the Committee; control of delegated legislation. Cocos (Keeling) Islands Immigration Ordinance- right of appeal. Cocos

(Keeling) Islands Postal Services Ordinance - control of by-laws. Outstanding Undertakings by Ministers.

Parliamentary Paper No.

179 of 1979

282 of 1979

34.

Report No. Subject

69 General Report. Australian Federal

Police (Discipline) Regulations -rights of members accused of offences. Census Regulations -matters contained in census.

70

Overseas Students Charge Collection Regulations- exemptions from charge. Australian Military Regulations­ compensation for damage to property.

Retrospective legislation. A.C.T. Motor Traffic Ordinance -enforcement of wearing of seat belts by children. A.C.T. Court of

Petty Sessions Ordinance - appeals by the Crown. A.C.T. Flammable Liquids Ordinance - onus of proof. A.C.T. Consumer Affairs Ordinance -disclosure of information to courts. Christmas Island Census

and Sta tistics Ordinance - powers of entry and search. Form of Summonses. Conference of Delegated Legislation Committees. Append ices: 1. Outstanding undertakings by

Ministers. 2. List of recommendations contained in Reports.

Genera l Report. Matters arising from previo us Report. Audit (Exempt Accounts) Regulations - exemption of accounts from audit. A.C.T. Nature Conservation Ordinance -o ffences and penalties; powers of entry and search; admissibility

of evidence . Customs (Prohibited Imports) Reg ulati o ns - right of review. Great Barrier Reef Marine Park - Capricornia Section Zoning Plan - right of rev iew. Defence

Force Regulations - right of review. A.C.T. Traffic (Amendment) Ordinance. A.C.T. Health Commiss ion (Amendment) Ordinance - matters of substantive nature to be reported to Senate. Retrospective legislation. Consideration of draft delegated legislation. Undertakings by Ministers . Retirement of Deputy Chai rman. Append ices:

1. Outstanding undertakings by Ministers . 2 . List of recommendations contained In Reports.

Date presented

15.9.80

11.6.81

Parliamentary Paper No.

155 of 1980

138 of 1981

35.

SECTION 5: INDEX TO THE FIRST TO SEVENTIETH REPORTS, INCLUSIVE

Notes: 1. Particular

under the headings

respectively.

Acts, Bills and Regulations are entered

'Acts', 'Bills' and 'Regulations'

2. Particular Ordinances and Regulations of Territories are

entered under the name of the Territory.

3. References are as follows: Report no./paragraph no.

4. This index incorporates the indexes included in the 28th, 45th and 67th Reports of the Committee.

Acts

Amendment by regulation 6/8, 7/25-7, 65/5-6 Proclamation of 44/8-9

Aooriginal Land Rights (Northern Territory) 68/6 Acts Interpretation 3/2, 4/8, 6/7, 7/11, 11/12, 50/31-3, 65/2, 66/5 , 68/4-6, 69 /appendix II, 70/appendix II Air Force 2/7, 3/10, 10/4, 27/3

Air Navigation 21/2 Appropriation 12/14 Bankruptcy 34/6 Broadcasting and Television 19/8-9

Commonwealth Electoral 35/4 Conc iliation and Arbitration 43/46 Census and Statistics Act 1905 69/6 Customs 1/2 , 4/12, 8/17, 8/27, 11 / 1, 3, 12, 47 / 14-16, 68/33,

70/Appendix 1 Customs Tariff 47/15 Dai r y Industry Equalization 35/2 Defence 2/7 , 3/10, 10/4-5, 27/3

De fence Preparat ions 8/11-14 Education 44/2 Estate Duty As sessment 12/7 Evidenc e 68/12

Foreign Antitrust Judgments (Restriction of Enforcement) 66/3, 9 Hospital Be nefits 9 / 6-8 Marriage 19/10 Na ti o nal Health 9/6 - 8 Health Servic e 9/8

Na ti o nal Security 5/5-6, 6/2, 5, 9

Naval Defence 27/3 Norfolk Island 5/4, 6/10, 7/19-24, appendix, 68/27-8 Se e also Norfolk I sland -N o rthern Territory (Administration) 7/21, 15/18, 19/20

Overs2as Students Charge Act 1979 69/9

36.

Papua New Guinea 7/13, 16, 18, appendix, 15/18, 19/20 1 40/4 Pharmaceutical Benefits 9/8 Public Service 16/5-7, 33/6 Re-establishment and Employment 6/8, 8/15-16 Referendum (Constitution Alteration) 35/4 Repatriation 43/48 Salaries 27/7, 10, appendix Scholarships 44/4-9, 50/19 Seat of Government (Administration) 7/24, appendix, 66/8, 14, 69/appendix II, 70/appendix II Superannuation 63/8-11, 14

Trade Practices 50/12-13 Transport Workers 2/8

Administrative Appeals Tribunal

51/6, 8, 64/4, 66/28, 33-4, 39, 68/21, 30, 70/5, 21-2

Administrative Discretion

(see also Liberty of the Subject; Appeals; Administrative Appeals Tribunal) 8/25, 10/4, 11/8, 10, 13/7, 15/16, 16/12-15, 18/7,

19/ 15, 20/4-5, 21/5-7, 22/5, 23/4-5, 24/7-8, 26/15-16, 19, 24,

38-39, 29/5-7, 10, 12-13, 32/3-6,33/8,34/8-10, 35/5,7,38/12, 15 I 19 I 2 2 I 2 4 I 2 7 I 3 0 I 3 2 , 3 9 , 4 2 , 4 4 , 4 0 I 4 , 4 3/7 , 11 , 16 I 21 ,

45, 47, 58, 44/8, 47/16, 64/4, 66/30, 68/13-14

Administrative Review Council

68/16, 31, 33, 69/10, appendix I, 70/2-3, 19-20, appendix I

Air Board

10/3

Air Department

10/3-6, 25/7, 43/8

Air Force

( see also Defence Force) 2/7, 3/10, 10/2-4, 25/7

Aircraft Registration

38/38-41

Alteration of Entitlements by Regulation 68/9, 69/appendix II, 70/appendix II

Amendment

se e Acts - Amendment by regulation; Regulations - Amendment

37.

Appeal Board (Film Censorship)

l/4

Appeals

(see also Cocos (Keeling) Islands Immigration Ordinance,) 10/4, 11/7, 10, 13/7, 15/16, 16/14-15,18/7-8, 20/4-5, 23/5,26/15-16, 20, 25-6, 30, 32/6, 38/34, 43/17, 19, 21, 28, 30-2, 37, 47-8, 59,

47/24, 50/5, 16-17, 57/10, 66/28, 29, 33-4, 39, 68/21, 69 / 12,

70 / 4-5

Arbitration

57/29

Armed Forces

see Defence Force

Army Department

25 / 7, 41 / 7

Arrest

see Detention

Assessment Appeal Tribunals (Repatriation)

33 /3 3

Attorney-General

43 / 45-6, 47/25-6, 66/3, 9, 68/12, 69/23, 25-6, 33, appendix II,

70/7-8, 10, 16-7, 19-20, appendix II

Attorney-General's Department

4/9 , 5/3 , 5, 6/8 , 7/ 9, 9 / 1 1 , 13-14, 10 / 6, 19 / 11, 25/ 7, 13, 26 / 34,

56/8 , 63 / 6, 66/21, 70/24

Audit- exemption of accounts 68 / 17-19, 70 / 11-14 Australian Capital Territory

Co urt of Petty Sessions 43 / 15-16, 32 El ectricity Authority 46 /3 0 Law Soci e ty 69 / 24-5 Or d inanc e s of 7/14-15, appendix, 43 / 1 3-14, 55/ 2-9, 64 / 7-9, 66/ 8,

1 4 Pri ce s Co ntroller 47 / 21-3 Reg i s tr a r o f M o t o r Vehicles 46 / 36

Re n t Contro l ler 46 / 2-4 Sta mp Duty in 12/5

38.

Advisory Council Ordinance 1966, 22/2-7, 26/43 Agents Ordinance 1970, 38/6-8 Architects Ordinance 1970, 38/6-8 Building Ordinance 1970, 38/6-8 Building Regulations 1959, 16/12

Buildings (Design and Siting) Ordinance 1970, 38/6-8 Canberra Hospitals (Charges) Regulations 1975, 51/24 Canberra Retail Market Trust Ordinance 1971, 43/26-8 Child Welfare Ordinance 1979, 66/44 City Area Leases Ordinance ,1967; 24/2-8, 26/43, 1970, 38/42-3, 1974, 49/2-6, 50/39-41, 1976, 57/21-6 Companies Ordinance 1973, 47/25 Companies Regulations 1955, 12/2-,.6 Companies (Life Insurance Holding Companies) Ordinance 1968,

26/32 Consumer Affairs Ordinance 1973, 47/27-8, 1976, 59/6-10, 1979, 68/33, 69/29, 70/6 Court of Petty Sessions Ordinance 1979, 69/22-26 Dentists Registration Regulations 1963, 19/12-14 Electricity Ordinance 1971, 46/29-35

Evidence Ordinance 1971, 36/2-11, 38/46, 66/8 Film Classification Ordinance 1971, 43/23-5 Flammable Liquids Ordinance 1976, 57/18-19, 1980, 69/27-8, appendix I, 70/appendix I Freehold Land (Subdivision and Use) Ordinance 1967, 23/2-7, 26/43 Fuels Control Ordinance 1979, 68/24-6, 69/appendix I, 70/appendix

I

Health Commission (Amendment) Ordinance 1981, 70/29-31 Interpretation Ordinance 1914-30, 3/9 Inquiry Ordinance 1970, 38/6-8 Lake Burley Griffin Ordinance 1975, 51/26 Lake Burley Griffin (Temporary Control) Ordinance 1963, 19/15-19 Land Rent and Rates Ordinance 1976, 57/20 Land Valuation Ordinance 1970, 38/6-8 Landlord and Tenant Ordinance 1973, 46/2-4, 50/35-6 Legal Aid Ordinance 1977, 59/11-12 Legislative Assembly (Election) Regulations 1974, 50/29 Liquor Ordinance 1975, 51/25 Manufacturers Warranties Ordinance 1975, 54/2-16 Meat Ordinance 1953, 13/2-10 Meat Regulations 1957, 13/2-10 Medical Practitioners Registration Regulations 1963, 19/12-14 Milk Authority Ordinance 1971, 43/20-2 Misrepresentation Ordinance 1975, 53/2-19 Motor Omnibus Ordinance 1934, 3/9 Motor Traffic Ordinance 1971, 43/15-17, 46/36-7, 1974, 50/27, 1975, 51/21-3, 66/15-25, 1979, 69/17-21, 33, 70/7 Nature Conservation Ordinance 1980, 70/15-17 Physiotherapists Registration Ordinance 1977, 61/11 Poisons and Narcotic Drugs Ordinance 1978, 66/15-25, 35, 68/23, 69/appendix I, 70/35, appendix I Police (Disciplinary Provisions) Ordinance 1972, 47/24, 69/4

Presbyterian Church Trust Property Ordinance 1971, 43/18-19 Prices Regulation Ordinance 1949, 1973, 47/21-3

39.

Pyramid Selling Ordinance 1973, 50/24 Remand Centres Ordinance 1976, 57/30-1 Sale of Motor Vehicles Ordinance 1977, 57/13-14, 69/appendix 1, 70/append ix 1 Seaweed Protection Ordinance 1974, 50/25-6 Sewerage Rates Ordinance 1968, 26/36 Surveyors Ordinance 1970, 38/6-8, 1975, 57/17 Terminationn of Pregnancy Ordinance 1978, 66/8, 43 Traffic (Amendment) Ordinance 1981, 70/26-8, 35

Trespass on Commonwealth Lands Ordinance 1972, 43/56 Unclaimed Monies Ordinance 1974, 50/28

Australian National Railways By-laws

61/9-10

Averments

47/22

Bills 65/6

Acts Interpretation 1936, 4/8 civil Aviation (Carriers' Liability) 1959, 14/2-3, 15/2 Compensation (Commonwealth Government Employees) Amendment 1979 68/9 Evidence Amendment 1979 68/12

Salaries 1968, 27/8 Scholarships 1967, 44/3

Births Registration

19/10-11

Broadcasting Control Board

19/7-9

Burden of Proof

see Onus of Proof

By-laws

see Australian National Railways By-laws; Cocos (Keeling) Islands Postal Services Ordinance; Postal By-laws; Telecommunications By-laws

Canberra

Planning 23/2, 24/3 Retail Market 43/26-8

40.

Cases in the Courts

(Note: Only Australian cases are listed) (see-also Courts; High Court) Broad casting Co. of Aust. Ltd v. the Commonwealth 1935, 3/2 Collier Garland Ltd v. Hotchkiss 1957, 13/9 Dignan v. Australian-Steamship Pty Ltd, 1931, 66/4 Mangano-v. Mangano 1974, 66 / 6, 9 Morton v: Union Steamship Co. 1951, 27/6 Plunkett v. Smith 1911, 27/6 Poole v. Wah Min Chan 1947, 8 / 27, 11/3, 8

R. v. Johnson 1976, 66/19 Shanahan v. Scott 1956, 27/6 Victorian-Chamber of Manufactures v. the Commonwealth 1943, 66/ 5 Will c ocks v. Anderson 1970, 39 / 5

Censorship

1/3-4, 10' 4/6, 18/5-6, 19/4-6, 43/23-5

Census

51/11-14, 69/6-8

Christmas Island

Census and Statistics Ordinance 1980, 69 / 30-32 Importation of Dogs and Cats Ordinance 1973, 50/30 Industrial Relations Ordinance 1976, 57/29 Police Force Ordinance 1973, 47/29 Tube rculosis Ordinance 1965, 20/2-5, 26/43

Civil Aviation Department

38/3 9-40

Cocos (Keeling) Islands

I mmi g r a tion Ordin a nce 1979, 68/30-31, 69/appendix I, 70/appendix I

La nd s Ac qu isitio n Ordinance 1975, 52 / 2-5 Po s tal Services Ordinance 1979, 68 / 14, 32, 69/appendix I,

7 0/appe nd ix I

Commerce Department

(see also Tr ade) 5/2

Committee

see Senate Standi ng Committe e on Regulations and Ordinances;

Sena te Standing Committee on Constitutional and Legal Affairs s e e also Del egate d Legislation Committees

41.

Commonwealth and State Ministers' Conference 1929

1/ 6

Commonwealth Conference of Delegated Legislation Committees

Delegated Legislation Committees Commonwealth Gazette

Regulations - Gazettal

Commonwealth Parliamentary Association

69 / 34

Commonwealth Scholarships

Scholarships

Companies

1 2/5, 26/3 2-4, 43 / 38-40, 47/25

Compensation

51 / 24

Conscientious Objection

38/27-8

Consideration of Draft Legislation

68 / 10 -11, 70 /3 5-6

Constitution of the Commonwealth

1 / 5-7, 4/9, 13 / 9, 39 / 5

Co n s umer Protection

4 7 / 27 - 8 , 59 / 6-10

Contracts

49/2- 5 , 53/2-19

Costs (Court Proceedings)

59/ll - 12

42.

Courts

(see also Cases in the Courts; High Court; Federal Court;

Appeals; Australian Capital Territory) 34/3-5, 38/27-8, 47/9-10, 12, 22, 59/9, 11-13, 61/8

Registrars 34/8-10, 61/8

Courts of Marine Inquiry

47 / 8

Customs Advance Account

70/12

Customs and Excise Department

11 / 5, 18/6, 19/6

Customs By-laws

47 / 15

see also Regulations

Defamation

59/ 10

Defence (Conditions of Service) Committee

41 / 9, 42 / 12

Defence Department

41 / 7-16, 42 / 12, 56/4, 60/4

Defe nce Force ( see also individual services and

departments; Regulations; Determinations) 2/7, 3/10, 25/6 - 7 , 12, 27 / 2, 42/7, 10, 47/17-18, 50/22, 56/4,

60/2 - 6 , 61/6-7, 65/7-15, 68/20, 70/23-5

service 10/2-6, 57/5-6,

Pa y , leav e and allowances 10/3, 25/6, 27/2, 29/5, 10, 38/11-12,

1 5, 1 9 , 22 , 2 4, 40 / 4, 41 / 2-16, 42/2-15, 43/6-9, 47/17-18, 50/2 2,

56 / 4,60/2-6,61/6-7,65/7-15

Delegated Legislation

s e e Re g u l a t i o n s ; 0 r d in an c e s ; S t a t u to r y In s t r um en t s ; By- l a w s ;

De terminations; Co nsideration of Draft Legislation

Delegated Legislation Committees (Conference of) 69/ 34, 70 / 9-10

Delegation of Powers

47 /l l, 50/5, 28, 57/5-6

43.

Detention

20/5, 26/19, 26/24, 34/8, 43/42, 57/30-1

Determinations

Defence

11 of 1981, 70/32

Disallowance

see Ordinances- disallowance; Regulations- disallowance; statutory Provisions for disallowance Disallowance of Statutory Instruments

70/append ix II

Discretion

see Administrative Discretion

Draft Legislation

see Consideration of Draft Legislation

Drafting

Parliamentary Draftsman; Regulations - drafting Drug Evaluation Committee

32/3

Elections

35 / 7, 39/4, 47/3-4

Entitlements

see Al t eration of Entitlements by Regulation

Evidence

36/4 , 66 / 1 6-25, 68/12

Expenditure

s ee Pa rliament r et r o spec tiv i ty control o f ex penditure; Regulations

44.

Explanatory Memoranda

Regulations - Departmental explanation Export Restriction

see Trade Control

Executive

see Government Policy; Administrative Discretion

External Territories Department

see Territories Department

Federal Capital Territory

Capital Territory

Federal Court of Australia

61/8

Federal Court Rules 1979

68/22

Films

Ce nsorship 1/3-4, 3/ 10, 4/6, 43/23-5 Commonwealth Legislation 1/5-6

Flight Crew Officers' Industrial Tribunal

31/ 2

Forfeiture

47/1 2 , 50/30

Form of summonses

69/3 3 , 70/7-8

Garnishment

57/3-5

Gazette

see Regu l a t i on s - g azettal

45.

Good Faith

47/27-8, 59 / 10

Goodwill

46/2-4

Government Policy

4/5, 5/ 5, 8/6, 22, 11/6, 12/6, 15/15, 16/ 14, 20 / 3, 26 / 16

Great Barrier Reef Marine Park - Capricornia Section Zoning Plan

70/21-2

Great Britain - House of Commons - Select Committee on Statutory Instruments

39/10

Health Department

9/5 , 13 / 5-7, 19 / 13, 32/3-4, 43/20

High Court

(see also Case s in the Courts)

3/2,4/8,13,8/27,11/3,13/9,39/5,50/9 Hospitals

Sl/2 4

Import Restriction

see Trade Control

Imprisonment

see Detention

India - Parliament - Committee on Subordinate Legislation

15/12

Individuals, Rights of

see Libe rty of the Subject ; Pr ope rt y Rights

Information (Court Proceedings)

3/> /2 -6 1 SQ/12-13

46.

Interior Department

19/15-18, 24/6, 26/38-9, 38/43, 43/14, 20

Judicial Review

see Administrative Discretion

Labour and National Service, Minister

38/27-8

Land Acquisition

52/2-5

Law Reform Commission

68/8, 13, 69/7-8, 32, appendix I, 70/16-7

Law, Rule of

(see also Administrative Discretion) 11/10, 21/5, 23/5, 26/4

Leases

2 4 / 2-8, 26/43, 38/42-3, 49/2-5, 57/21-6

Legal Adviser

see Senate Standing Committee on Regulations and Ordinances -Legal Adviser

Legal Aid

4 3/45, 47/9-10, 59/11-12, 61/8

Liberty of the Subject

3/8 ,9/ 7,19/10- 12, 20/4-5,21/4-6,23/4-5,24/7-8,26/11-13, 16, 20 , 24, 29 / 13, 30 / 5, 34/8-10, 38/27, 36, 43/42, 47/21-3, 49/5,

61/9 I n war-time 5 / 5, 11 / 9

Licensing

11/8 , 13 / 7, 16/ 12-14, 32/4, 43/15, 20-1, 26/8, 34, 36, 50-1,

47/2 5, 5 0/10-11, 51/15-18,25,66/33-4

Literature Censorship Board

18/6

47.

Mail

see Postal Services Regulations

Meat Board

43/50-2

Military Board

38/15, 19, 24-5

Ministerial Discretion

see Administrative Discretion

Ministers

Undertakings to amend Regulations and Ordinances National Parks

(see also Great Barrier Reef Marine Park)

61 / 4-5

National Service

see Labour and National Service, Minister

Naval Board

27/2,29/5-6,10, 38/ll-12, 22,40/4 Naval Reserve Cadets

47/5-6

Navy Department

25/7, 40/5, 4l/9-l3

Norfolk Island

Act 1 979 68/27-8 Administrator 46/38 Or d inances of 5/4, 6/10, 7/19, appendix, 26/ll-13, 37/2-10 Re v iew of Ordinances by Committee; control of delegated

68/2 7-29, 69/appendix I, 70/appendix I

Administration Ordinance 1975, 57/27-8 Bean Seeds and Bean Plants Ordinance 1966, 26/14 Companies Ordinance 1971, 43/38-40 Crown Lands Ordinance 1969, 26/28

Health Ordinance 1969, 30/2-6, 38/46 Immigration Ordinance 1968, 26/23 Immigration (Temporary Provisions) Ordinance 1967, 26/18 Interpretation Ordinance 1979 68/29 Spear Guns Control Ordinance 1971, 43/41-4

Northern Territory

Ordinances of 7/2 1-3, appendix, 15/ 18-22

Northern Territory Supreme Court Rules

47/9-10

Notification of Rights and Duties

68/8

Offences

3/8 , 21/3, 38/36 , 43/20, 24, 36, 38-9, 41, 53, 57, 59, 50/24-6,

51/21, 57/12-13, 15, 21-4, 30-1, 59/7-10, 61/9-10, 63/2-6, 66/40-2

Ombudsman

59/3-5 , 68/15-16

Onus of Proof

3/8 , 9/7, 26/33-4, 47/22, 49/25, 50/24, 51 / 21-3, 55/2-3, 61/9,

66/15-25, 69/27, appendix II, 70/16-7, appendix II

Ordinances

o rdinances of particular territories see under names of the

ter r ito:--i e s) Bo und volumes 4/14 Contain i ng matters more appropriate to substantive legislation 36/9 , 55/2-9 , 64 /7 - 9

Deb a te on Ordinance of Substantive Nature, 70/30-1 Disallo wance 5/1 , 6/10, 7/10-24, 8/10 , 19/2, 26 /8 Requlat i o ns under 5/3, 7/10, appendix Te rritories with legislatures 7/24, 15/19-22, 19/20-3, 55/4 -8, 64/7 -9

Over seas Trade Department

56/7

49.

Papua New Guinea

7/16-18, appendix, 15/18-22, 50/5-9

Parliament

(see also Regulations parliamentary control; Senate;

Territories - parliamentary scrutiny) Control of expenditure 12/6, 14-15, 16/11, 17/5, 22/6, 25/3, 15, 26/3 Delegation of powers 39/5, 44/8, 65/6

Parliamentary Draftsman

7/8, 25/8, 13, 29/12, 40/4, 7-9, 41/9, 42/7, 12, 44/6-8, 56 / 8

Pensions

43/47-8

Permits

Licensing

Police

47/24, 29

Policy

see Government Policy

Political Parties 50 / 29

Postal By-laws

51/3-8, 66 / 36-8

Postal Commission

51/3-8

Postal (Staff) By-laws Amendment No. 1 1981

70/32

Postmaster General's Department

43/101 54/5

so.

Powers of the Committee

Senate Standing Committee on Regulations and Ordinances Presbyterian Church

43/18 -19

Price Control

47 /2 1-3

Primary Industry Department

38/44-5

Prime Minister's Department

55 / 5-6

Privacy

51 / 3-7 , 11-14, 66 / 37

Property Rights

22 /5 , 23 /2-5, 24 / 6-7, 26/15, 30 / 3, 38/9-10, 43/30-1, 46/2-4,

57 /18-19, 27-8, 61/4

Prosecution

see I nfo rmation ( Court Proceedings); Onus of Proof; Offences

Pu blic Service Board

16/5- 10 , 23 / 4,25/9, 33/4 -5, 38 / 30, 4 3/ 12,60/ 4

Py ramid Selling

S0/24

Railwa ys

61/9 - 1 0

Rationing

11/9

Reaso nable Excuse

57/16 , 59/7, 61/9, 63 / 4, 6 6 / 26-7

51.

Registrars

see Courts

Regulations

Alteration of Entitlements by- 68/9, 69/appendix II, 70/appendix II

Amending Acts - see Acts Amendment (see-also Undertakings to amend Regulations and Ordinances) 2/5-6, 7/5-9 Consolidation 2/4, 7/8-9 Containing matters more appropriate to substantive legislation

1 /4 , 4/lT, 6/8, 7/26-7, 8/2, 23-9, 9/4-10, 10/4, 14/3, 15/10,

25/3, 27/5, 33/9, 34/7, 11, 43/48, 64/5

Departmental explanation 2/9, 3/11, 4/5, 5/1, 6/6, 8/8, 10/3,

ll/4, 16/3, 19/2, 25/4 Disallowance 3/7, 4/13, 5/1, 8 / 10, 19/2, 25/18, 26/8, 41/5,

50/31-3, 66/3-14, 70/33-4 Drafting 12/9-12, 17/5, 25/13-14, 44/6-8, 56/8 Gazettal 3/2, 5/7 Inconsistent with statute 3/2, 10/4, 16/5-11, 27/5-6, 33/9, 34/7,

39/51 101 41/161 44/81 48/2-6 Interested parties 5/l Number 2/l, 4/15, 43/5 Parliamentarry control 9/11-16, 11/3, 7, 66/12

Power to make 4/8, 15/4, 9-10, 16/11, 19/9, 39/3 Retrospective scrutiny 43/4-5 Retrospectivity 3/2-7, 12/3-6, 19/ 24-8, 25/2-18, 26/40-2, 31/3, 41/2-17, 42/2-15, 47 / 17-20, 50/18-19, 22, 56/2-9, 57/14,

63/12-15, 65/2-15, 68/20, 69/14-16, 70/32-4 Supervision by Attorney-General 4/9 Tab ling 3/9, 6/7, 7/3, 65/14 War-time 5/5-6, 6/8, 8/11-14

Advances to Settlers 1923, 5/2 Air Force 1933, 2/7, 1955, 10/2-6, 1963, 19/25, 1969, 27/2-10,

38/46, 1971, 43/6-9 Air Navigation 1970 , 38/38-41, 1976, 57/8 -9 Air Navigation (Buildings Control) 1966, 21/2-7, 26/43, 38/9, 1970, 38/10 Apple and Pear (Conditions of Export) 1974, 50/10-11, 1975,

51/15-18 Apple and Pear (Election of Board) 39/2-6 Audit (Exempt Accounts) 1979, 68/17-19, 70 /11 -14, 35 Australian Federal Police (Discipline) 1979 , 69/3-5 Australian Military 1979, 69/ll-13, 70 / 4-5 Aust r alian Rifle Club 1976, 57/7 Australian Touri st Commission 1976, 57/14 Banking (Foreign Exchange) 1973, 47/12

Bankruptcy (Offences) 1970, 34/2-12, 38/46 Broadcasting and Telev ision 1963, 19/7-9 Census 1975 , 51/11-14, 1979, 69/6-8 Com mon wealth Scholarships and Awards 1973, 44/2-9, 1974, 50/1 8 -19

52.

Conciliation and Arbitration 1970, 31/2-4, 38/46, 1972, 43/45-6, 1974, 50/12-13, 1976, 57/15-16 Customs (Regulations under customs Act - General) 68/33,

69/appendix 1, 70/appendix 1 customs (Cinematograph Films) 1932, l/2-8, 1973, 47/11 Customs (Import Licensing) 1939, 8/17-30, 1956, 11/1-12, 69/appendix I, 70/appendix I Customs (National Literature Board of Review) 1973, 47/11 Customs (Prohibited Exports) 1958, 15/14-17, 1975, 51/19 Customs (Prohibited Imports) 1962, 18/2-10, 19/4-6, 1970, 32/2-7,

38/46, 1973, 47/11, 1980, 70/18-20 Dairy Industry Equalization Legislation Referendum 1970, 35/2-8, 38/46 Defence Force 1976, 57/S-6, 1980, 70/23-5 Defence Force Financial 1976, 56/4, 1977, 61/6, 1978, 65/7-15, 1979, 68/20 Defence Force (Reserves) (Financial) 1980, 69/15 Defence Force Retirement Benefits 1949, 7/25 Defence Force (Salaries) 1978, 60/2-6 Defence Preparations 1951, 8/11-14 Dried Fruits Expor·t Control 1935, 3/1, 1978, 66/33-4, 68/21, 33, 69/appendix I, 70/appendix I Estate Duty 1956, 12/7-12 Export Market Development Grants 1980, 69/16 Exports (Fresh Fruit) 1971, 38/44-5 Family Law 1975, 57/3-4 Federal Court of Australia 1978, 61/8 Film and Television School 1975, 56/6 Historic Shipwrecks 1978, 63/2-7, 66/26-7 Honey Industry (Election of Board) 1972, 47/3-4 Hospital Benefits 1952, 9/6, 1953, 9/7 Marriage 1963, 19/10-11 Matrimonial Causes 1973, 47/7, 66/6 Meat Export Control (Licences) 1972, 43/50-2 Medical Benefits 1953, 9/7 Mi l itary - see Regulations, Australian Military Military Financial 1963, 19/25, 1964, 19/27, 1969, 27/2-10,

38/46 ,197 0 , 38/14-17,24-5,1972,41/2-17,42/8-9 Milita ry Financial (Pacific Islanders) 1970, 38/18-20 National Health 1978, 66/28 Parks and Wildlife 1977, 61/4-5

Security 1939-45, 5/ 5-6, 6/2, 9

Se r v ice 1970, 38/26-9

Na t i ve Me mbers of the Forces (Torres Strait Islands) Benefits

1972, 43/47 Naval Establishments 1970, 38/21-3 Kava! Financial 1963, 19/25, 1964, 19/27, 1969, 27/2-10, 29/2-11, 38/46 , 1972, 40/2-10 Naval Financial (Citizen Forces) 1963, 19/25, 1964, 19/27 saval Forces 1970, 38/11-13 Na val Reserve Cadets 1972, 47/5-6 Nav igation (Courts of Marine Inquiry) 1973, 47/8 Omb udsman 1977, 59/3-5, 68/15-16 Overseas Students Charge Collection 1979, 69/9-10, appendix I, 70/2-3, a ppendix I

53.

Papua New Guinea (Staffing Assistance) 1973, 50/S-8 Patents 1975, 51/20 Pharmaceutical Benefits 1953, 9/8

Pho sphate Fertilizers Bounty 1980, 70/32 Postal Services 1975, 51/3-8, 66/36-7, 68/13, 69/appendix I,

70 / append ix I Public Service 1956, 12/13, 1960, 16/2, 1961, 17/2-4, 1970,

33/2-10, 38/30-1, 46, 1971, 43/10-12, 1976, 56/5, 1980, 70/32 Public Service (Parliamentary Officers) 1973, 48/2-6, 50/37-8 Quarantine (Animals) 1978, 66/29 Re-establishment and Employment 1945, 6/8, 1949, 7/25

Remuneration and Allowances 1976, 57/10-11 Remuneration Tribunals 1977, 61/3 Repatriation 1970, 38/32-4 Schools Commission 1978, 66/30 Social Services (Reciprocity with New Zealand) 1949, 7/25 St a tes Receipts Duties 1970, 38/35-7 Student Assistance 1974, 50/15-17, 1978, 66/31-2 Superannuation 1978, 63/8-15, 65/3-6 Superannuation (Prescribed Rates of Interest) 1973, 50/20 Supply and Development 1949, 7/25 Telephone 1935, 3/8, 1972, 43/53-5 Trad e Commissioners 1976, 56/7 Trad e Div e rsion Policy 1936, 4/11-13, 8/28 Watersid e Employment 1933, 2/8

Regulations Advisory Committee

6/2

Relief of the Subject

12/1 2

Remuneration Tribunal

51/3

Rent Control

if 'i/2 -4

Repatriation Commissioner

33 /3 2, 4 3/47

Retrospectivity

Re gul a tion s - r e trospec tivity

Re turning Officers

35/5 - 7 , 47/3-4, 57 /15-1 6

54.

Right of Appeal

Appeals

Rights and Duties

see Notification of Rights and Duties

Rights of Individuals

Liberty of the Subject; Property Rights

Royal Commission on the Constitution 1929

1/5

Rules

see Regulations; for Rules of Court see names of particular

courts

Sequestration

57/4

Scholarships

44/7, 50/15-19, 66/31-2

Searches

47/2 2 , 29, 57/8-9, 5 9/1 0

Self-incrimination

47/25, 59/8

Senate

Ss t ima t es Co mmitte e C 44 / 6

Sc ru tiny of Ex ec u t i ve 11 / 11, 15/10

Sta ndi ng Ord er s 1/ 1, 4/5, 15/ 8-9, 19/2 2-3, 43/ 4, 62 / 6-16, 68 / 3

Senate Selec t Committee on the Standing Committee System 1929-31

4/2 - 3 , 15/3 , 26/2

Senate Standing Committee on Constitutional and Legal Affairs 68/9, 70/17, 31, appendi x II

55.

Senate Standing Committee on Regulations and Ordinances

43 / appendix, 50/appendix, 62/6-13 Ac tion taken on recommendations (see also Undertakings to amend Regulations and Ordinances) 3/10, 4/6-8, 5/3, 6/10, 7/4, 7, 20, 8/15-1 6 , 9/6-7, 19/6, 11, 13-14, 27, 25/14, 26 / 17, 21, 26, 31,

35, 39, 43, 38 / 8, 10, 13, 17, 20, 23, 25, 31, 41, 45, 46, 42 / 10,

43 / 8 - 9, 12, 17, 22, 25, 28, 32, 37, 43, 49, 52, 47 / 4, 6, 20,

50/21- 2 , 24, 26, 30, 36, 38, 41, 51/18, 19, 57/7, 32, 58/3, 62/4,

66/45-7, 68/6, 12, 21, 29, 69/4, 10, 29, 33, appendix I, 70/5, 8,

12-4, 16, 22, appendix I, appendix II

Co nside ration o f Bills 4/ 8, 15/2, 4, 13, 44 / appendix Consultation with 70/13 Functions 4/2-6, 15-16, 20 - 3 , 43 / 4-5, appendix,

33 - 6

5/5, 8/4-10, 27, 11/2, 15/2-13,

50/appendix, 62/6-13, 68/9, 11,

Gov ernment's attitude 4/15, 26 / 9, 38 / 5, 43/14 Legal Adviser 5/5, 6/3-4, 7/2, 8/9, 26 / 5, 43/5 Po wers, 68 / 3

19/2, 70 / 10,

Principles 4/ 2, 4, 8/6, 11/ 2, 15/4, 6, 16 / 4, 21 / 4, 26/2 - 4 ,

38/8-1 0 , 43 / 59, appendix, 64 / 2-12 Procedure 4/5, 8/3- 1 0, 19/2, 26 / 5-8, 38/3, 43 / append ix,

50/appe ndix Pu b lic relation s 4/15 Retirem e nt of Deputy Chairman, 70 / 38-9 W o rk of 38/4, 4 3/appendix, 50 / appendix

Shares

46/39 , 50 / 7

7/4

Standing Orders

see Sena te

States

Law s 2/8 , 57 / 7

Un i fo r m Legi s latio n 36 / 8, 43 / 40

Statutory Authorities

47/19 - 20, 51/ 9- 1 0 , 59 / 4, 9, 61 / 9

Statutory Instruments

9/14 , 62/6 -1 3 , 64/10 , 66/3 -14

Statutor y Provisions for Disallowance

68/4-7 , 69/appe nd ix II, 70/appe ndix II

Statutory Rules

Regulations

Student Assistance

Scholarships

Subordinate Legislation

56.

see Regulations; Ordinances; Statutory Instruments; By-laws; Determinations

Summonses

see Form of Summonses

Superannuation

50/ 8-9, 20, 63/8-15, 65/3-6

Telecommunications By-laws

51/9-10, 57/12-13, 66/39-42

Telecommunications Commission

51 / 9-10, 66/42

Territories (see also Names of individual territories; Ordinances) Committee's scrutiny 15 / 19-20, 19 / 20-3 Draft Criminal Code 36/10 Parliamentary scrutiny 7/24, 15/22, 37 / 8

Territories Department

7 / 20, 19 / 20, 26/12, 21, 25, 31

Trade and Industry Department

11/12

Trade Control

8/7, 1 7/3 0, 11/3 -8, 13/ 9, 15/ 14-17, 18/2-10, 19/4-6, 32 / 4,

47/14-16

Treasury

25/ 9 , 26/3 5, 38/3 7, 41 / 9, 11, 42 / 12

57 .

Trust Property

43/18-19

Undertakings to amend Regulations and Ordinances

47/30, 50/3, 57/32, 58/2-5, 62/2-5, 66/45-7, 68/32-3, 69/3, 28, 33, 35, 70/6, 15, 20, 27, 37

Uniform Legislation

see States

Valuations

57/20

War

see Liberty of the Subject - in war-time; Regulations - war-time

Warrants

see Searches

Witnesses

38/6-8, 47/22, 59/13, 61/11

58.

APPENDIX I

Senate Standing Committee on Regulations and Ordinances

INSTRUMENTS MADE UNDER ACTS OF THE PARLIAMENT AND SUBJECT TO DISALLOWANCE OR DISAPPROVAL BY EITHER HOUSE OF THE PARLIAMENT

Instruments

*regulations1

*ordinances of territories

*regulations of territories

*rules of court1

*rules (bankruptcy proceedings)!

*by-laws1

Enactments

various acts, subject to Acts Interpretation Act ss48, 49 2

Seat of Government (Administration) Act sl2 Christmas Island Act slO Cocos (Keeling) Islands

Act sl3

Norfolk Island Act s28 Australian Antarctic Territory Act sl2 3

Coral Sea Islands Act s7 3

Heard Island and McDonald Islands Act sll 3

Ashomore and Cartier Islands Acceptance Act s6 4

Christmas Island Interpretation Ordinance sl5 Cocos (Keeling) Islands

Interpretation Ordinance sl5 Norfolk Island Interpretation Ordinance

sa 5

Judiciary Act s87 Federal Court of Australia Act s59

A.C.T. Supreme Court Act s28 Commonwealth Electoral Act s202

Bankruptcy Act s315

Australian Shipping Commission Act s49 Australian National Airlines Act s69 Defence Act sll6ZD

3

3

4

*by-laws

by-laws

regulations (River Murray Commission, tolls, offences)

orders (Broadcasting Tribunal, conduct of broadcasting)

orders (Minister for Post and Telecommunications, planning, technical services)

orders (Minister for Business and Consumer Affairs, application of duties) orders (Minister for Defence,

restricted areas) orders (administrative procedures)

orders (handling of explosives)

orders (Attorney-General, evidence before foreign tribunals)

o rd e rs (Attorney-General, enforcement of judgments of foreign tribunals)

orders (administrative a r rang em en ts)

o r de rs (codes of practice, nuclear activities)

orders (special situations, nuc lear activities)

59.

Postal Services Act sll5 Telecommunications Act slll Australian National Ra i 1 ways Act s8 8 4

Aboriginal Councils and As soc ia tions Act s30 4

Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act slO 4

River Murray Waters Act 3

Broadcasting and Television Act s17 3

Broadcasting and Television Act slllD 4

Customs Tariff s36

Defence (Special Under­ takings) Act sl5

Environment Protection (Impact of Proposals) Act s7

Explosives Act s16

Foreign Proceedings (Prohibition of Certain Evidence) Act s6A

Foreign Antitrust Judgments (Restriction of Enforcement) Act s3

Acts Interpretation Act sl9BA

Environment Protection (Nuclear Codes) Act slO

Environment Protection (Nuclear Codes) Act sl4

3

4

4

4

4

4

orders made under regulations

orders (Minister for Transport, shipping laws code)

declarations (grants of mining interest)

declarations (Minister for · National Development and Energy, atomic energy work)

determinations (remuneration of office holders)

determinations (Minister for Health, variation of table of services)

*determinations (Minister for Defence, employment of members of Defence Force)

*interim determinations 1 Defence, employment of members of Defence Force)

*d e terminations (public service employment)

dir ec t io ns (Ministe r for Cap i t a l Te rritory, policy o f Authority)

in s trume nts of revocation ( Mi n i s ter for Health, guide l ines for medi c al and ho spital benefits plans)

not ic es of acquisition of lands

mod ifica tions or variations of th e plan of lay-out of

Ca nberra

60.

Environment Protection (Nuclear Codes) Act slS Protection of the Sea (Discharge of Oil from

Ships) Act s22 Protection of the Sea (Powers of Intervention) Act s24

Navigation Act s426

Aboriginal Land Rights (Northern Territory) Act s42

Atomic Energy Act s60

Remuneration Tribunals Act ss7, l2D

Health Insurance Act s4A

Defence Act s58C

Defence Amendment Act 1979 sl3

Public Service Arbitration Act s22

Conciliation and Arbitration Act s41A

Parliament House Construction

4

4

4

4

4

4

4

4

4

Authority Act s9 4

National Health Act s73E

Land Acquisition Act sl2

Seat of Government (Administration) Act sl2A

4

*zoning plans, marine park

amendments of schemes (Minister for Business and Consumer Affairs, grants to States, prices of petroleum products)

*plans of management

suspension of member of commission

principles (Minister for Primary Industry, industry quotas)

61.

Great Barrier Reef Marine Park Act s33

States Grants (Petroleum Products) Act s7A

National Parks and Wildlife Conservation Act sl2 4

Aboriginal Development Commission Act sl7 4

Dairy Industry Stabiliz­ ation Act sllA 4

62.

NOTES

This list does not include matters subject to approval or affirmation by either House of the Parliament, under, for example, Australian Capital Territory Representation (House of Representatives) Act sl7, Commonwealth Electoral Act s24, Parliament Act s5, States Grants (Petroleum Products) Act s4.

* Instruments at present examined by the Committee.

1 Instruments published as statutory rules pursuant to the

Statutory Rules Publication Act.

2 Some Acts make special and unusual provisions relating to

regulations, for example, Environment Protection (Nuclear Co d es) Act sl2, Health Insurance Act s4(6), National Health

Act s55C, Representation Act sl3, Quarantine Act s87.

3 These provisions have either not been used at all, or used

very infrequently.

4 These are recent provisions, enacted after 1975.

5 Thi s ordinance has been repealed, but an undertaking has been

giv e n t o replac e in part its disallowance provisions.

26 November 198 1

63.

APPENDIX II

REPORT ON UNDERTAKINGS BY MINISTERS TO AMEND OR REVIEW DELEGATED LEGISLATION

A Listed in the 66th Report (June 1979)

1 Postal Services Regulations: provisions allowing the

opening of mail by office r s: undertaking given 5

November 1975. This undertaking was delayed by the

consideration of the opening of mail by the Law Reform

Commis s ion and the Royal Comm ission on Drugs. The

responsible Minister agreed in February 1979 not to

await the reports of those bodies and to proceed with

the promised amendments. In April 1980 the Minister

reported that difficulties ha d been encountered in p reparing the amendments. Th e se difficulties were the subjec t o f a hearing of various officers on 17 April

1 9 80. The o fficer s considered that there were no

s ubsta ntial d iffic ulties preventing the speed y enactment of th e amendments, with minor modifications. The

Committee reported this conclusion to the Minister on 28 April 1980. In August 1980 the Minister advised that the a mendm e nts would proceed. Fo'llowing further

co rrespondence with the Committee, the Minister advised o n 25 Ja n uary 1982 that the proposed regulations had now b een drafted and were being printed f o r submission to

the Executive Council.

2 Regulations under the Custom s Ac t: rights of appeal

again s t admi n istrat ive acts: u nd e rtaking given 16 March 1976 . This matter is partly s ti l l under considerat i on by

t he Admini s trative Re v i e w Counc i l. In August 1979 the

Co u nci l r epo rted t h a t i t had se nt to the Gov ernment the

Report o n t he Cu s toms (Import Licensing) Regulations, a nd i n No vember 1 9 7 9 reported that it wo uld be 'well

in to 1980 ' befo r e t he remaining matters were concluded. A f urther l e t te r fr o m t he Co uncil ad v ised tha t

co n s i de r a bl e de l ay s h a d occ urr ed i n co n c luding th e

refe r ence . T he Mi n i ste r fo r Bus ine ss a n d Consume r

Af fair s ind icated t ha t furt her c onside ration of the

Coun c i l ' s Report o n Review o f Import Co ntrols an d

c ustoms By -laws Dec isions would be deferred until the

I ndus tr i es Assi s t ance Com mi ss i on has re po rted o n the

Customs by-l a w system. The Cou nc il's Annual Report f or

1980 - 81 ind i c ates t hat a wo rking party o n the rem a ining

matters has b e e n establ i shed i n c o njunc t io n wit h t h e

Depa r tm e nt o f Bu siness and Co n s umer Affairs and t he

Attorn ey -G e neral' s Departme n t, and th e Council

a n t i cipates t hat a re po rt wil l be com p l e t ed d uring t h e

c om i ng year. (See also Par t C of Append i x II : Customs

( Proh i b i ted Im ports) Reg ul at i ons . )

64.

3 A.C.T. Sale of Motor Vehicles Ordinance: powers of

registrar to determine disputes: undertaking given 20 October 1977. In January 1981 the responsible Minister reported that draft amendments had been received by the Department, following completion of a review of the

ordinance, but that further discussions with officers of the Attorney-General's Department were required. The Minister advised the Committee on 9 January 1982 that

the proposed amendments to the Ordinance have been

prepared and that he expected that the draft Ordinance would be considered by the House of Assembly on 8

February 1982.

B Listed in the 69th Report (September 1980)

1 A.C.T. Poisons and Narcotic Drugs Ordinance: offences

and penalties: undertaking given 19 July 1979. The

responsible Minister undertook to amend some provisions of the ordinance and review others. The Minister has now advised that omnibus legislation in preparation as a

result of the implementation of recommendations of the Williams Report will reflect matters raised by the

Committee. The Minister has also given a commitment that a draft of the proposed ordinance will be made available to the Committee.

2 A.C.T. Fuels Control Ordinance: powers of entry and

search: undertaking given 9 october 1979. The Committee ag reed that the amendments might be postponed pending a review of the Ordinance by the Department of the Capital Territor y and the A.C.T. House of Assembly. The Minister advised on 28 October 1980 that drafting instructions had been sent to the Attorney-General's Department. On 9 January 1982 the Minister advised that the Fuels

(Amendment) Ordinance was considered and approved by the A.C.T. House of Assembly on 30 November 1981. The

undertaking was fulfilled by the Fuels Control

( Amendment) Ordinance, contained in A.C.T. Ordinance No. 5 of 1982.

3 Norfolk Island Regulations: power of Parliament to

d isallow regulations not made by the local responsible executive: undertaking given 9 October 1978. In May 1980 the responsible Minister advised that the amendments were being drafted and on 29 May 1981 the present

Minister for Hom e Affairs and Environment adv ised that a draft aill had been sent to Norfolk Island with a view

to its introduction into the Legislative Assembly. In a lette r d ated 3 ,'larch 1982, the Minister advised that

consultatioffiwith the Assembly were continuing.

4 Cocos (K ee ling) Islands Immigration Ordinance: entry of perso ns into the Territory: right of appeal: undertaking given 1 June 1979. In September 1980 the then Minister

for Home Affairs advised that the ordinance would be

redrafted in the light of the recommendations of the

Administrative Review Council. A further letter from the

65.

present Minister for Home Affairs and Environment indicated that complex policy issues have been

identified, necessitating further consultations with the Attorney-General's Department. On 3 March 1982, he further advised that the Department is examining

suitable guidelines for the exercise of necessary discretionary powers, and appeal procedures recommended by the Administrative Review Council. The Department is also examining the alternative solution of extending the

Migration Act 1958 to the Islands. The issue of self­

determlnation, to be worked out in conjunction with the United Nations and the residents of the Islands, is also pending.

5 Overseas Students Charge Collection Regulations: question of appeals to be reviewed by the Administrative Review Council: undertaking given 17 May 1980. The

Council is at present considering these Regulations in the context of its examination of the Migration Act 1958 and Regulations. Its Annual Report for 1980-81 indicates that some delay has arisen because it has taken longer

than expected to obtain the views of the Department of

Immigration and Ethnic Affairs. In correspondence with the Committee, the Chairman of the Council advised that the difficulties it was experiencing were likely to be overcome and that a draft report on the first part of

the reference was likely to be available early in 1982.

6 A.C.T. Flammable Liquids Ordinance: onus of proof:

undertaking given 6 May 1980. The undertaking was

fulfilled by the Flammable Liquids (Amendment) Ordinance 1981, contained in Australian Capital Territory

Ordinance No. 34 of 1981.

c Listed in the 70th Report (June 1981)

1 A.C.'T. Consumer Affairs Ordinance: Disclosure to a court of information gained under the Ordinance: undertaking given on 30 October 1980. Th e undertaking was fulfilled by the Consumer Affairs (Amendment) Ordinance 1981,

contained in A.C.T. Ordinance No. 26 of 1981.

2 A.C.T. Nature Conservation Ordinance: powers of

conservator; powers of entry, search, and seizure; Parliamentary scrutiny of Regulations: undertakings given 26 November 1980, 25 February 1981. The Minister has advised the Committee that an amending Ord inance is

at present being drafted.

3 Customs (Prohibited Import s) Regulations: right of

review: undertaking given 18 March 1981. This

undertak ing was fulfilled by Sta tutory Rules 1982 No.

44. The Minister has advised the Committee that it is

the intention to include in subsequent amending

Regulat i ons further rights of review of certain

decisions under these Regulations .

4 A.C.T. Traffic (Amend ment) Ordinance : repeal: code

covering law r elati ng to parades, processions and

dssemblies: undertakings given 13 May 1981: preparation of an Ordinance r e lating to a code for public assemblies

is at an advanced stage.

66.

APPENDIX II I

RECOMMENDATIONS CONTAINED IN REPORTS (OTHER THAN THOSE FOR AMENDMENT OR REVIEW OF PARTICULAR REGULATIONS AND ORDINANCES)

1 The Acts Interpretation Act should be amended to remove

the uncertainty about the position of a notice of motion for disallowance remaining on the Senate notice paper at the end of a Parliament when the House of Represent­

atives is dissolved but the Parliament is not prorogued (50th Report, December 1974).

2 A statutory provision to the same effect as section 12

(6) of the Seat of Government (Administration) Act

should be applied to instruments made under Acts of the Parliament, so that the disallowance of a repealing

instrument would revive the repealed provisions, and so that the present doubtful position with regard to the

effect of disallowance and repeal would be clarified

(66th Report, June 1979).

3 All statutes providing for the disallowance of statutory instruments should be amended so as to incorporate the provisions in the Acts Interpretation Act relating to the voiding of instruments not tabled in time, the

'automatic' disallowance if a notice of motion is not

resolved within a 1 imi ted time, the opportunity for

renewal of a notice of motion unresolved at the end of a

session, and the prohibition upon the making of an

instrument the same in substance as a disallowed

instrument within six months (68th Report, November

1979) •

In a Ministerial Statement to the Senate on 26 May 1981, the

Att o rney-General advised that amendments to the Acts Interpretation Act would be prepared to give effect to the

substance of these recommendations.

4 The Senate Standing Committee on Constitutional and

Legal Affairs should investigate the matter of statutory provisions imposing the burden of proof upon defendants in criminal cases (66th Report, June 1979).

The Constitutional and Legal Affairs Committee was asked to consider this matter at its convenience, and on 9 September 1980 the Senate agreed to a motion by the Chairman of that

Committee that the matter be referred to the Committee. In

its 7 0th Report the Regulations and Ordinances Committee indicated to the Senate that it had suggested to the

67.

Attorney-General and the Chairman of the Australian Law Reform Commission that copies of correspondence with the Committee relating to admissibility of evidence improperly obtained might appropriately be referred to the

Constitutional and Legal Affairs Committee for examination in the context of this inquiry. Both the Attorney-General ·

and the Chairman of the Law Reform Commission agreed to make their letters available, and the correspondence was referred to the Committee on 17 August 1981.

5 The Senate Standing Committee on Constitutional and

Legal Affairs should investigate the matter of the

alteration of important entitlements by regulation (68th Report, November 1979).

The Committee has been asked to consider this matter at its

convenience.