Disallowance Alert 2017

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The Disallowance Alert lists all instruments subject to a notice of motion for disallowance (whether at the instigation of the committee or an individual senator or member). The progress and eventual outcome of any such notice is also recorded.

Section 42 of the Legislation Act 2003 provides the framework for the standard disallowance process, which is supported by standing orders. The key features are:

  • within 15 sitting days after tabling a senator or member of the House of Representatives may give notice of a motion to disallow the instrument (in whole or in part);
  • if the motion is agreed to, the instrument is disallowed and it then ceases to have effect;
  • if a notice of motion to disallow the instrument has not been resolved or withdrawn within 15 sitting days after having been given, the instrument is deemed to have been disallowed and it ceases to have effect; and
  • disallowance has the effect of repealing the instrument – if the instrument repealed all or part of an earlier instrument then disallowance also has the effect of reviving that part of the earlier instrument.

For guidance regarding the interpretation of the expression ‘sitting day’ in section 42 of the Legislation Act 2003, see Odgers' Australian Senate Practice, 14th Edition (2016), Chapter 15, pp 446-447.

For more information regarding the disallowance process, see Odgers' Australian Senate Practice, 14th Edition (2016), the Brief Guide to Senate Procedure No.19 - Disallowance and House of Representatives Guide to Procedure, Chapter 14 - Delegated legislation - Disallowance and approval.

Notices are recorded chronologically in order of date, starting with the most recent at the top of the table.

Notice given by Motion Outcome
Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Amendment Determination 2017 [F2017L00659]
Senators Cameron and Siewert on 20/6/2017 To move on the next day of sitting that the instrument be disallowed. The Senate disallowed the instrument on 21/6/2017.
Code for the Tendering and Performance of Building Work 2016 [F2016L01859]
Senator Cameron on 9/5/2017 To move on 9/8/2017 that the instrument be disallowed.  To be resolved.
Mr O'Connor MP on 27/3/2017 To move that sections 11(3)(a) and (c) be disallowed. The House of Representatives debated the motion on 29/3/2017. The sections of the instrument were not disallowed.
Financial Framework (Supplementary Powers) Amendment (Social Services Measures No. 4) Regulation 2016 [F2016L01922]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 31/3/2017 To move 15 sitting days after 31/3/2017 that the instrument be disallowed.
Senator Williams on 14/6/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 15/6/2017.
Legislation (Exemptions and Other Matters) Amendment (Sunsetting and Disallowance Exemptions) Regulation 2016 [F2016L01897]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 31/3/2017 To move 15 sitting days after 31/3/2017 that the instrument be disallowed. To be resolved.
National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 [F2017L00209]
Senator Siewert on 30/3/2017 To move on 10/5/2017 that the instrument be disallowed.
Motion postponed on 9/5/2017 to 14/6/2017.
Motion postponed on 13/6/2017 to 19/6/2017.
Senator Siewert on 19/6/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 20/6/2017.
ASIC Corporations (Foreign-Controlled Company Reports) Instrument 2017/204 [F2017L00307]
Senator Whish-Wilson on 30/3/2017 To move on 11/5/2017 that the instrument be disallowed.
Postponement notice of motion lodged 11/5/2017 carried over to the next day of sitting.
Senator Whish-Wilson on 13/6/2017 gave a notice of intention to withdraw the notice of motion.          
Notice of motion withdrawn on 14/6/2017.
Migration Amendment (Review of the Regulations) Regulation 2016 [F2016L01809]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 28/3/2017 To move 15 sitting days after 28/3/2017 that the instrument be disallowed.
Senator Williams on 21/6/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 22/6/2017.
Export Control (Plants and Plant Products—Norfolk Island) Order 2016 [F2016L01796]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 27/3/2017 To move 15 sitting days after 27/3/2017 that the instrument be disallowed.
Senator Williams on 10/5/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 11/5/2017.
Extradition (People's Republic of China) Regulations 2017 [F2017L00185]
Senator Bernardi on 21/3/2017 To move on 29/3/2017 that the instrument be disallowed.
Motion postponed on 29/3/2017 to 21/6/2017.
On 20/6/2017, 15 sitting days elapsed since notice of motion was given to disallow the regulations.
Pursuant to section 42(2) of the Legislation Act 2003 the regulations were taken to have been disallowed.
Social Security (Administration) (Trial Area) Amendment Determination 2017 [F2017L00210]
Senator Siewert on 21/3/2017 To move on 28/3/2017 that the instrument be disallowed.
Motion postponed on 27/3/2017 to 29/3/2017.
The Senate debated the motion on 29/3/2017. The instrument was not disallowed.
Jervis Bay Territory Marine Safety Ordinance 2016 [F2016L01756]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 20/3/2017 To move 15 sitting days after 20/3/2017 that the instrument be disallowed.
Senator Williams on 14/6/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 15/6/2017.
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 4) Regulation 2016 [F2016L01751] 
Chair of the Regulations and Ordinances Committee (Senator Williams) on 20/3/2017 To move 15 sitting days after 20/3/2017 that the instrument be disallowed.
Senator Williams on 29/3/2017 gave a notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 9/5/2017.
Family Law (Superannuation) (Provision of Information - Military Superannuation and Benefits Scheme) Amendment Determination 2016 [F2016L01759]
Senators Kakoschke-Moore and Lambie on 15/2/2017 To move on 22/3/2017 that the instrument be disallowed.
Motion postponed on 21/3/2017 to 13/6/2017.
Motion postponed on 13/6/2017 to 14/6/2017.
On 14/6/2017 Senators Kakoschke-Moore and Lambie gave notice of intention to withdraw the notice of motion. Pursuant to Standing Order 78(3), Senator Roberts objected to the removal of the notice of motion. The motion for disallowance was transferred and now stands in Senator Roberts’ name.
The Senate debated the motion on 14/6/2017. The instrument was not disallowed.
Superannuation (prudential standard) determination No. 1 of 2016 - Prudential Standard SPS 510 Governance [F2016L01707]
Senator Whish-Wilson on 13/2/2017 To move on 20/3/2017 that paragraph 23(b) be disallowed.
Motion postponed on 20/3/2017 to 29/3/2017.
Ruled out of order.
Senator Whish-Wilson on 13/2/2017 To move on 20/3/2017 that paragraphs 23(b) and 23(g) be disallowed.
Senator Whish-Wilson on 15/2/2017 gave notice of intention to withdraw the notice of motion on the next day of sitting.
Notice of motion withdrawn on 16/2/2017.
Therapeutic Goods and Other Legislation Amendment (Narcotic Drugs) Regulation 2016 [F2016L01652]
Senator Di Natale on 13/2/2017 To move on 23/3/2017 that items 1 and 4 of Schedule 1 be disallowed.
Motion postponed on 20/3/2017 to 11/5/2017.                    
The Senate debated the motion on 11/5/2017. Items 1 and 4 of Schedule 1 were not disallowed.
  On 13/6/2017 Senator Di Natale moved that the vote on the disallowance motion be held again. The motion was agreed to. The Senate disallowed items 1 and 4 of Schedule 1 of the instrument on 13/6/2017.
Dental Benefits Amendment Rule 2016 (No. 2) [F2016L01986]                                                                     
Senator Polley on 7/2/2017 To move on 8/2/2017 that item 2 of Schedule 1 be disallowed.
Senator Polley, also on behalf of Senators Di Natale, Griff, Lambie and Hinch to move on 8/2/2017 that item 2 of Schedule 1 of  the instrument be disallowed.
The Senate disallowed item 2 of Schedule 1 of the instrument on 8/2/2017.
Senator Di Natale on 7/2/2017 To move on 8/2/2017 that item 2 of Schedule 1 be disallowed. In accordance with standing order 86, the notice of motion was not called on, as it was identical in terms as a motion that passed.
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