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Odgers' Australian Senate Practice Thirteenth Edition

Chapter 15 - Delegated legislation and disallowance

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Effect of end of a Parliament or session

As has been noted above, the LIA, s. 42(3) contains an important safeguard to ensure that the opportunity to disallow a legislative instrument is not lost when a Parliament or a session ends. As explained in Chapter 7, either of those occurrences terminates the business before the Senate, including notices of motion. An unresolved disallowance notice, however, results in the instrument in question being deemed to be tabled again on the first sitting day of the next session, so that disallowance action may start afresh.