Disallowance Alert 2014

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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.

For more information regarding the disallowance process, please see the Brief Guide to Senate Procedure No.1 - Disallowance and House of Representatives Guide to Procedure, Chapter 14 - Delegated legislation - Disallowance and approval.

Last reviewed - 11 July 2014

Instrument

Notice given by

Motion

Outcome

Farm Household Support Secretary's Rule 2014, made under the Farm Household Support Act 2014 [F2014L00614]  

Chair of the Standing Committee on Regulations and Ordinances (Senator Williams) on 16/07/2014  Senator Williams to move on 02/10/2014 that the instrument be disallowed  

Items 1 to 27 inclusive and item 30 of the Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 102 and made under the Corporations Act 2001, be disallowed [F2014L00891].  

Senator Dastyari on 16/07/2014  Senator Dastyari to move on 17/07/2014 that items 1 to 27 inclusive and item 30 of the instrument be disallowed.
On 17/07/2014, the motion was postponed until 26/08/2014
 
Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 as contained in Select Legislative Instrument 2014 No. 65 and made under the Migration Act 1958 [F2014L00622] Senator Hanson-Young on 15/07/2014  Senator Hanson-Young to move on 2/09/2014 that the instrument be disallowed.    

Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014 as contained in Select Legislative Instrument 2014 No. 102 and made under the Corporations Act 2011 [F2014L00891]

Senator Dastyari and Senator Whish-Wilson on 14/07/2014  Senator Dastyari and Senator Whish-Wilson to move on 15/07/2014 that the instrument be disallowed  The Senate debated the motion on 15/07/2014. The instrument was not disallowed. 

Fair Work Amendment (Protected Industrial Action) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 95 and made under the Fair Work Act 2009 [F2014L00881]

Senator Rice on 10/07/2014 

Senator Rice to move on 1/09/2014 that the instrument be disallowed 

 

Primary Industries Levies and Charges Collection Amendment (Mushrooms) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 56 and made under the Primary Industries Levies and Charges Collection Act 1991 [F2014L00627]  

Senator Leyonhjelm on 10/07/2014  Senator Leyonhjelm to move on 14/07/2014 that the instrument be disallowed.
On 14/07/2014, the motion was postponed until 26/08/2014
 

Primary Industries (Excise) Levies Amendment (2014 Measures No. 1) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 55 and made under the Primary Industries (Excise) Levies Act 1999 [F2014L00628] 

Senator Leyonhjelm on 10/07/2014  Senator Leyonhjelm to move on 14/07/2014 that the instrument be disallowed.
On 14/07/2014, the motion was postponed until 26/08/2014
 

Primary Industries (Customs) Charges Amendment (2014 Measures No. 1) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 54 and made under the Primary Industries (Customs) Charges Act 1999 [F2014L00626]  

Senator Leyonhjelm on 10/07/2014  Senator Leyonhjelm to move on 14/07/2014 that the instrument be disallowed.
On 14/07/2014, the motion was postponed until 26/08/2014 
 

Migration Amendment (Offshore Resources Activity) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 64 and made under the Migration Act 1958 [F2014L00624]  

Senator Wright on 8/07/2014  Senator Wright to move on 14/07/2014 that the instrument be disallowed.
On 14/07/2014, the motion was postponed until 16/07/2014
The Senate disallowed the instrument on 16 July 2014 

Migration Amendment (2014 Measures No. 1) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 32 and made under the Migration Act 1958 [F2014L00286]  

Senator Hanson-Young on 17/06/2014 

Senator Hanson-Young to move on 16/07/2014 that the instrument be disallowed.
On 15/07/2014, the motion was postponed until 26/08/2014.
However, the Senate continued its sitting on 18/07/2014. This was deemed to be a separate sitting for the purposes of disallowance and therefore became the last sitting day for resolving the motion.

The Senate debated the motion on 18/07/2014. The instrument was not disallowed.

Division 2.11 of the Bankruptcy (Fees and Remuneration) Determination 2014, made under subsection 316(1) of the Bankruptcy Act 1966 [F2014L00367] 

Senator Wright on 15/05/2014  Senator Wright to move on 23/06/2014 that Division 2.11 of the instrument be disallowed The Senate disallowed Division 2.11 on 23 June 2014 

Item 4.10A of Schedule 1 of the Bankruptcy Amendment (2014 Measures No. 1) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 36 and made under the Bankruptcy Act 1966 [F2014L00350] 

Senator Wright on 15/05/2014  Senator Wright to move on 23/06/2014 that Item 4.10A of Schedule 1 of the instrument be disallowed  The Senate disallowed Item 4.10A of Schedule 1 on 23 June 2014 

Higher Education (Maximum Amounts for Other Grants) Determination 2013, made under sections 41-45(1A) and (1B) of the Higher Education Support Act 2003 [F2013L02165]

Senator Carr on 13/05/2014 Senator Carr to move on 14/07/2014 that the instrument be disallowed The Senate disallowed the determination on 14 July 2014 

Australian Jobs (Australian Industry Participation) Rule 2014, made under section 128 of the Australian Jobs Act 2013 [F2014L00125]

Chair of the Standing Committee on Regulations and Ordinances (Senator Edwards) on 13/05/2014

Senator Edwards to move on 14/07/2014 that the instrument be disallowed.
Senator Williams (Chair of the Standing Committee on Regulations and Ordinances) gave notice to withdraw the motion on 9/07/2014

Senator Williams withdrew the motion on 10/07/2014 

Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013, as contained in Select Legislative Instrument 2013 No. 269 and made under the Migration Act 1958 [F2013L02102]

Chair of the Standing Committee on Regulations and Ordinances (Senator Edwards) on 13/05/2014 Senator Edwards to move on 14/07/2014 that the instrument be disallowed.
Senator Edwards gave notice to withdraw the motion on 25/06/2014
Senator Edwards withdrew the motion on 26/6/2014 

Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013, as contained in Select Legislative Instrument 2013 No. 269 and made under the Migration Act 1958 [F2013L02102]

Senator Hanson-Young on 13/05/2014 Senator Hanson-Young to move on 18/06/2014 that the instrument be disallowed.
Motion postponed on 18/06/2014 until 8/07/2014.
Motion postponed on 8/07/2014 until 14/07/2014.
The Senate debated the motion on 14/07/2014. The instrument was not disallowed. 
Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014, made under section 17 of the Australian Meat and Live-stock Industry Act 1997 [F2014L00312] Senator Rhiannon on 26/03/2014 Senator Rhiannon to move on 15/05/2014 that the instrument be disallowed.
On 13/05/2014, the motion was postponed until 16/06/2014
The Senate debated the motion on 16/06/2014. Debate adjourned to 19/06/2014.
The Senate debated the motion on 19/06/2014. The instrument was not disallowed.

Veterans' Children Education Scheme (Income Support Bonus) Repeal Instrument 2014, made under subsections 117(2) and (3) of the Veterans’ Entitlements Act 1986 [F2014L00257] 

Senator Farrell on 24/03/2014   Senator Farrell to move on 25/03/2014 that the instrument be disallowed   The Senate disallowed the instrument on 25 March 2014 
Military Rehabilitation and Compensation Act Education and Training Scheme (Income Support Bonus) Repeal Determination 2014, made under subsections 258(4) and (5) of the Military Rehabilitation and Compensation Act 2004 [F2014L00256]  Senator Farrell on 24/03/2014  Senator Farrell to move on 25/03/2014 that the instrument be disallowed  The Senate disallowed the determination on 25 March 2014 

Declaration of 'corresponding State laws' under subsection 7(1) of the Research Involving Human Embryos Act 2002 be disallowed [F2013L02043]  

Senator Edwards on 19/03/2014  Senator Edwards to move on 25/06/2014 that the instrument be disallowed.
Senator Edwards gave notice to withdraw the motion on 26/03/2014  
Senator Edwards withdrew the motion on 27/03/2014
Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013, as contained in SLI No. 272 2013 and made under the Aboriginal Land Rights (Northern Territory) Act 1976 [F2013L02122] Senator McLucas on 5/03/2014 Senator McLucas to move on 19/03/2014 that the instrument be disallowed.
Debate adjourned until 20/03/2014
The Senate disallowed the regulation on 20 March 2014 

Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012, made under subsection 70(4) of the Export Market Development Grants Act 1997 [F2013L00258] 

Senator Xenophon on 4/03/2014  Senator Xenophon to move on 16/06/2014 that the instrument be disallowed The Senate debated the motion on 16/06/2014. The instrument was not disallowed. 

Clean Energy Auction Revocation Determination 2014, made under subsection 113(1) of the Clean Energy Act 2011 [F2014L00176] 

Senator Milne on 4/03/2014  Senator Milne to move on 5/03/2014 that the instrument be disallowed.
Debate adjourned until 6/03/2014
The Senate debated the motion on 6/03/2014. The instrument was not disallowed. 

Commonwealth Scholarships Guidelines (Education) 2013 [F2013L02070] 

Senator Carr on 12/02/2014 Senator Carr to move on 17/03/2014 that the instrument be disallowed  The Senate disallowed the guidelines on 17 March 2014 

Amendment No. 1 to the Commonwealth Grant Scheme Guidelines 2012 [F2013L02078]

Senator Carr on 12/02/2014 Senator Carr to move on 17/03/2014 that the instrument be disallowed  The Senate disallowed the guidelines on 17 March 2014 
Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013, as contained in SLI 2013 No. 280 [F2013L02104] 

Senator Hanson-Young on 12/02/2014 

Senator Hanson-Young to move on 05/03/2014 that the instrument be disallowed.
Motion postponed on 3/03/2014 until 27/03/2014
The Senate disallowed the regulation on 27 March 2014

Migration Amendment (Unauthorised Maritime Arrival) Regulation 2013, as contained in SLI 2013 No. 280 [F2013L02104] 

Senator Hanson-Young on 11/02/2014

Senator Hanson-Young to move on 06/03/2014 that the instrument be disallowed motion withdrawn on 13/02/2014

Financial Management and Accountability Amendment Regulation 2013 (No. 4), SLI No. 141, 2013  

Mrs Wicks on 11/02/2014 Mrs Wicks to move that items 2 and 3 of Schedule 1 to the instrument be disallowed motion withdrawn on 17/03/2014

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About this committee

The Senate Standing Committee on Regulations and Ordinances assesses delegated legislation against a set of scrutiny principles that focus on individual rights and liberties and standards of parliamentary propriety.

Committee Secretariat contact:

Committee Secretary
Senate Regulations and Ordinances Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 62773066
Fax: +61 2 62775881
regords.sen@aph.gov.au