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.

Instrument

Notice given by

Motion

Outcome

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:
Schedule 1 Items 5 (Accountants' certificate renewal period);
11 (Stamping fee provision);
12 to 17 (ASX24-related provisions);
27 (non-monetary education or training benefit not conflicted remuneration); and
28, 29 and 31 to 35 (Grandfathering arrangements) 
Senator Cormann on 26/11/2014  Senator Cormann to move on 27/11/2014 that for the purposes of paragraph 48(1)(a) of the Legislative Instruments Act 2003, the Senate:
(a) supports the making of regulations re-instating provisions the same in substance as the following provisions of Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014: Schedule 1 Items 5 (Accountants' certificate renewal period); 11 (Stamping fee provision); 12 to 17 (ASX24-related provisions); 27 (non-monetary education or training benefit not conflicted remuneration); and 28, 29 and 31 to 35 (Grandfathering arrangements); and
(b) rescinds its disallowance resolution of 19 November 2014 relating to the above regulation, to the extent necessary to permit the re-making of the aforementioned provisions in the regulations.  
The Senate passed the motion on 27/11/2014 

Subclauses 5(1), 5(4) and 5(5) of the Competition and Consumer (Industry Code—Port Terminal Access (Bulk Wheat)) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 136 and made under the Competition and Consumer Act 2010 [F2014L01250]

Senators Leyonhjelm and Day on 24/11/2014  Senators Leyonhjelm and Day to move on 11/2/2015 that subclauses 5(1), 5(4) and 5(5) of the instrument be disallowed  

Fair Entitlements Guarantee Amendment Regulation 2014 (No. 1), as contained in Select Legislative Instrument 2014 No. 147 and made under the Fair Entitlements Guarantee Act 2012 [F2014L01372] 

Senator Cameron on 30/10/2014  Senator Cameron to move on 17/11/2014 that the instrument be disallowed  The Senate disallowed the regulation on 17/11/2014 
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 [F2014L00891]  Chair of the Standing Committee on Regulations and Ordinances (Senator Williams) on 24/09/2014 

Senator Williams to move on 27/11/2014 that the instrument be disallowed.
On 29/10/2014, Senator Williams gave notice to withdraw the motion.
On 30/10/2014, pursuant to Standing Order 78(3), Senator Dastyari objected to the removal of the notice of motion. The motion for disallowance was transferred and now stands in Senator Dastyari's name.
On 18/11/2014, pursuant to Standing Order 77, Senators Lambie, Madigan, Muir, Whish-Wilson and Xenophon added their names to the motion

The Senate disallowed the regulation on 19/11/2014

Financial Management and Accountability Amendment (2014 Measures No. 6) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 107 and made under the Financial Management and Accountability Act 1997 [F2014L00841]

Chair of the Standing Committee on Regulations and Ordinances (Senator Williams) on 3/09/2014  Senator Williams to move on 19/11/2014 that the instrument be disallowed.
On 18/11/2014, Senator Williams gave notice of his intention to withdraw the motion
Senator Williams withdrew the motion on 19/11/2014 

Social Security (Reasonable Excuse - Participation Payment Obligations) (Employment) Determination 2014 (No. 1), made under subsection 42U(1) of the Social Security (Administration) Act 1999  [F2014L00887]  

Senator Cameron on 26/08/2014  Senator Cameron to move on 27/08/2014 that the instrument be disallowed  The Senate debated the motion on 27/08/2014. Debate adjourned to 28/08/2014.
The Senate disallowed the determination on 28/08/2014 

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 01/10/2014 that the instrument be disallowed.
On 30/09/2014, Senator Williams gave notice of his intention to withdraw the motion
Senator Williams withdrew the motion on 1/10/2014 

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 [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.
Motion postponed on 17/07/2014 until 26/08/2014
Motion postponed on 26/08/2014 until 27/08/2014
Motion postponed on 27/08/2014 until 28/08/2014
Motion postponed on 28/08/2014 until 1/09/2014
Motion postponed on 1/09/2014 until 2/09/2014
Motion postponed on 3/09/2014 until 4/09/2014
Motion postponed on 4/09/2014 until 22/09/2014
Motion postponed on 22/09/2014 until 23/09/2014
Motion postponed on 23/09/2014 until 24/09/2014
Motion postponed on 24/09/2014 until 25/09/2014
Motion postponed on 25/09/2014 until 30/09/2014
Motion postponed on 30/09/2014 until 1/10/2014
The Senate debated the motion on 1/10/2014. The instrument was not disallowed 
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.
Motion postponed on 1/09/2014 until 24/09/2014  
The Senate disallowed the regulation on 25/9/2014

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 made under subsection 504(1) of the Migration Act 1958  

Mr Marles on 5/06/2014      Mr Marles to move on 15/07/2014 that the instrument be disallowed The House of Representatives debated the motion on 15/07/2014. The instrument was not 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]

Senators Dastyari and Whish-Wilson on 14/07/2014  Senators Dastyari and 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.
Motion postponed on 1/09/2014 until 3/09/2014
Motion postponed on 3/09/2014 until 22/09/2014
Motion postponed on 22/09/2014 until 24/09/2014 

The Senate debated the motion on 24/09/2014. The regulation was not 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.
Motion postponed on 14/07/2014 until 26/08/2014.
Motion postponed on 26/08/2014 until 24/09/2014
Senator Leyonhjelm withdrew the motion on 24/09/2014 

Items 1 and 2 (mushrooms), 3 to 7 (hard onions) and 8 and 9 (mangoes) of the Schedule of the 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.
Motion postponed on 14/07/2014 until 26/08/2014.
Notice of motion altered on 26/08/2014 pursuant to notice of intention.
Motion postponed on 26/08/2014 until 24/09/2014
Senator Leyonhjelm withdrew the motion on 24/09/2014 

Items 1 to 6 (hard onions) and 7 and 8 (mangoes) of the Schedule of the 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.
Motion postponed on 14/07/2014 until 26/08/2014.
Notice of motion altered on 26/08/2014 pursuant to notice of intention.
Motion postponed on 26/08/2014 until 24/09/2014 
Senator Leyonhjelm withdrew the motion on 24/09/2014 

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.
Motion postponed on 14/07/2014 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.
Motion postponed on 15/07/2014 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 of his intention 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.
Motion postponed on 13/05/2014 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 Senator Hanson-Young withdrew the motion 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 Mrs Wicks withdrew the motion 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

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