John Watson (Tasmania, Liberal Party) Share this | Link to this | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, I give notice that 15 sitting days after today I shall move that the following delegated legislation, a list of which I shall hand to the Clerk, be disallowed.

The list read as follows—

1.

Australian Passports Amendment Determination (No. 4), made under section 57 of the Australian Passports Act 2005.

2.

Corporations Amendment Regulations 2007 (No. 9), as contained in Select Legislative Instrument 2007 No. 227 and made under the Corporations Act 2001.

3.

Family Law (Child Abduction Convention) Amendment Regulations 2007 (No. 1), as contained in Select Legislative Instrument 2007 No. 213 and made under the Family Law Act 1975.

4.

Financial Transaction Reports Amendment Regulations 2007 (No. 1), as contained in Select Legislative Instrument 2007 No. 214 and made under the Financial Transaction Reports Act 1988.

5.

Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 5), as contained in Select Legislative Instrument 2007 No. 224 and made under the Health Insurance Act 1973.

6.

Instrument number CASA 222/07 – Direction – number of cabin attendants, made under regulation 208 of the Civil Aviation Regulations 1988.

7.

Instrument number PB 52 of 2007, Determination under paragraph 98C(1)(b) of the National Health Act 1953.

8.

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1), as contained in Select Legislative Instrument 2007 No. 217 and made under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

9.

Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007 (No. 2), made under section 8 of the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007.

10.

Safety, Rehabilitation and Compensation (Revocation of Declaration and Specification) Notice 2007 (1), Notice No. 1 of 2007, made under the Safety, Rehabilitation and Compensation Act 1988.

11.

Therapeutic Goods (Emergency) Exemption 2007 (No. 3), made under subsection 18A(1) and paragraph 18A(2)(a) of the Therapeutic Goods Act 1989.

12.

Trade Practices Amendment Regulations 2007 (No. 4), as contained in Select Legislative Instrument 2007 No. 228 and made under the Trade Practices Act 1974.

13.

Variation to the Statement of Conditions under subsection 38A(3) of the Defence Service Homes Act 1918.

14.

Vehicle Standard (Australian Design Rule 23/02 – Passenger Car Tyres) 2007, made under subsection 7(1) of the Motor Vehicle Standards Act 1989.

15.

Workplace Relations Amendment Regulations 2007 (No. 2), as contained in Select Legislative Instrument 2007 No. 183 and made under the Workplace Relations Act 1996.

16.

Workplace Relations Amendment Regulations 2007 (No. 3), as contained in Select Legislative Instrument 2007 No. 216 and made under the Workplace Relations Act 1996.

[Legislative Instruments Act 2003 provisions apply to the instruments listed above: must be resolved within 15 sitting days after today or they will be deemed to have been disallowed.]

I seek leave to incorporate in Hansard a short summary of the matters raised by the committee.

Leave granted.

The summary read as follows—

Australian Passports Amendment Determination (No. 4) made under section 57 of the Australian Passports Act 2005

Financial Transaction Reports Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 214

Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 5), Select Legislative Instrument 2007 No. 224

Instrument number CASA 222/07 – Direction – number of cabin attendants made under regulation 208 of the Civil Aviation Regulations 1988

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 217

Therapeutic Goods (Emergency) Exemption 2007 (No. 3) made under subsection 18A(1) and paragraph 18A(2)(a) of the Therapeutic Goods Act 1989.

Trade Practices Amendment Regulations 2007 (No. 4), Select Legislative Instrument 2007 No. 228

Workplace Relations Amendment Regulations 2007 (No. 2), Select Legislative Instrument 2007 No. 183

Workplace Relations Amendment Regulations 2007 (No. 3), Select Legislative Instrument 2007 No. 216

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken particularly where a proposed instrument is likely to have an effect on business.  Section 18 of the Act provides that in some circumstances consultation may be unnecessary or inappropriate.  The definition of ‘explanatory statement’ in section 4 of the Act requires an explanatory statement to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken.  The Explanatory Statements that accompany these instruments either make no reference to or provide insufficient information on consultation.  The Committee has written to the relevant Ministers seeking advice on this matter.

Corporations Amendment Regulations 2007 (No. 9), Select Legislative Instrument 2007 No. 227

This instrument amends provisions in the principal Regulations concerning access by members of certain types of body corporate, such as credit unions, to the register of members.  

The Explanatory Statement advises that the amendments introduce a broad discretion for this type of body corporate to refuse access to the register of members where the body is not satisfied that granting access is in the interests of the members as a whole.  There is no indication in the Explanatory Statement whether these amendments have been made in response to the decision of the Federal Court in Capricornia Credit Union Ltd v Australian Securities and Investments Commission [2007] FCAFC 79.

The Explanatory Statement also notes that Ministerial Council for Corporations has waived the requirement, found in the Corporations Agreement 2002, to expose the amending Regulations for public comment.  The Explanatory Statement does not make reference, as it should, to the provisions concerning consultation found in sections 17 and 18 of the Legislative Instruments Act 2003.  The Committee has written to the Minister seeking further advice on these matters.

Family Law (Child Abduction Convention) Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 213

This instrument amends the principal Regulations in response to recent judicial decisions.

Item [39] in Schedule 1 to these amending Regulations inserts a new rule 31 which authorises the issue of warrants to enter and search vehicles, vessels, aircraft or premises.  It also permits the use of reasonable force in such a search.  While noting that this rule is a consolidation of existing provisions in the Regulations, the Committee has written to the Minister seeking advice as to whether it would be more appropriate for this provision to be located in the Family Law Act 1975 rather than in delegated legislation. 

Instrument No. PB 52 of 2007, Determination under paragraph 98C(1)(b) of the National Health Act 1953

The definition of “Tribunal Determination” in paragraph 3 of this Determination refers to a determination of the Pharmaceutical Benefits Remuneration Tribunal made on 23 June 2006 as in force from time to time.  Section 14 of the Legislative Instruments Act 2003 states that a legislative instrument may apply matter that is contained in another instrument or writing as in force when the first-mentioned legislative instrument takes effect.  That matter cannot be applied as in force from time to time unless the contrary intention appears.  The Committee has written to the Minister seeking advice about the authority under which the definition in paragraph 3 of this Determination is taken to apply to a determination of the Remuneration Tribunal as in force from time to time.

Safety, Rehabilitation and Compensation (Revocation of Declaration and Specification) Notice 2007 (No. 1) made under the Safety, Rehabilitation and Compensation Act 1988

Neither the instrument nor the Explanatory Statement indicates the legislative authority under which it is made.  The Committee has written to the Minister seeking confirmation of the appropriate legislative authority for making this instrument.

Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007 (No. 2) made under section 8 of the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007

The Committee notes that these Rules made on 19 July 2007 commenced retrospectively on 14 July 2007.  The Rules do, however, operate beneficially by retrospectively imposing a nil initial listing fee, and so, as is noted in the Explanatory Statement, do not raise any issues under subsection 12(2) of the Legislative Instruments Act 2003.  However, the Committee seeks your advice on whether any person is entitled to a refund of fees paid and, if so, what steps have been taken to ensure that this is done. 

Variation to the Statement of Conditions under subsection 38A(3) of the Defence Service Homes Act 1918

This instrument amends the statement of conditions that applies to domestic building insurance under the Defence Service Homes Insurance Scheme.

This instrument operates retrospectively from 9 September 2002 and has beneficial effect.  The Committee has written to the Minister seeking advice as to the mechanisms by which persons who are insured under the Defence Service Homes Insurance Scheme will be notified of these amendments and of any entitlements that may have arisen retrospectively.

Vehicle Standard (Australian Design Rule 23/02 – Passenger Car Tyres) 2007 made under subsection 7(1) of the Motor Vehicle Standards Act 1989

This instrument specifies revised standards for passenger car tyres.

The Explanatory Statement that accompanies this instrument states that it has been made as a new standard to replace ADR 23/01 as the text as last determined has been substantially altered.  The present instrument does not appear to revoke the previous instrument.  The Committee has written to the Minister seeking advice about this matter.