Disallowance Alert 2013

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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 - 27 June 2014

Instrument

Notice given by

Motion

Outcome

 Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 [F2013L01225]  Mr Andrews on 11/12/2013 Mr Andrews to move that the instrument be disallowed  The House of Representatives disallowed the principle on 12 December 2013.
 Aged Care (Residential Care Subsidy - Workforce Supplement Amount) Determination 2013 [F2013L01251]  Mr Andrews on 11/12/2013 Mr Andrews to move that the instrument be disallowed  The House of Representatives disallowed the determination on 12 December 2013.
 Aged Care (Home Care Subsidy Amount) Determination 2013 [F2013L01339]  Mr Andrews on 11/12/2013 Mr Andrews to move that the instrument be disallowed  The House of Representatives disallowed the determination on 12 December 2013.
 Aged Care (Flexible Care Subsidy Amount - Multi-Purpose Services) Determination 2013 (No. 2) [F2013L01347]  Mr Andrews on 11/12/2013 Mr Andrews to move that the instrument be disallowed  The House of Representatives disallowed the determination on 12 December 2013.
 Inclusion of River Murray and associated wetlands, floodplains and groundwater systems, from the junction with the Darling River to the sea in the list of threatened ecological communities made under section 181 of the Environment Protection and Biodiversity Conservation Act 1999  on 5 August 2013 [F2013L01562]  Mr Pasin on 10/12/2013 Mr Pasin to move that the instrument be disallowed  The House of Representatives disallowed the instrument on 11 December 2013.
 Inclusion of the wetlands and inner floodplaints of the Macquarie Marshes in the list of threatended ecological communities made under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 on 5 August 2013 [F2013L01564]  Mr Coulton on 10/12/2013 Mr Coulton to move that the instrument be disallowed  The House of Representatives disallowed the instrument on 11 December 2013.
 Aged Care Subsidies Amendment (Workforce Supplement) Determination 2013 [F2013L01749]  Senator Polley on 10/12/2013 Senator Polley to move on 11/12/2013 that the determination be disallowed  The Senate disallowed the determination on 12 December 2013.
 Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 [F2013L01748]  Senator Polley on 10/12/2013 Senator Polley to move on 11/12/2013 that the principle be disallowed  The Senate disallowed the principle on 12 December 2013.
Civil Aviation Order 48.1 Instrument 2013 [F2013L00628] Senator Xenophon on 9/12/2013 Senator Xenophon to move on 6/3/2014 that the order be disallowed The Senate debated the motion on 6/3/2014. The instrument was not disallowed. 
Veterans' Entitlements (Actuarial Certificate - Lifetime Income Stream Guidelines) Determination 2013 [F2013L00670] Chairman of the Standing Committee on Regulations and Ordinances (Senator Edwards) on 2/12/2013 Senator Edwards to move on 17/3/2014 that the determination be disallowed Senator Edwards withdrew the motion on 6/3/2014
Veterans' Entitlements (Actuarial Certificate - Life Expectancy Income Stream Guidelines) Determination 2013 [F2013L00671] 

Chairman of the Standing Committee on Regulations and Ordinances (Senator Edwards) on 2/12/2013

Senator Edwards to move on 17/3/2014 that the determination be disallowed Senator Edwards withdrew the motion on 6/3/2014 
 Migration Amendment (Temporary Protection Visas) Regulation 2013 [Select Legislative Instrument 2013 No. 234] [F2013L01811] Senator Hanson-Young on 12/11/2013 On 13/11/2013 Senator Hanson-Young postponed her notice to move that the regulation be disallowed till 2/12/2013 The Senate disallowed the regulation on 2/12/2013.

Senator Cash on 17/03/2014 gave notice to move on 18/03/2014 that the Senate rescinds its resolution of 2 December 2013 disallowing the Migration Amendment (Temporary Protection Visas) Regulation 2013.

The Senate debated the motion on 18/03/2014. The question was negatived.

Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2013 [F2013L01078] Senator Siewert on 25/6/2013 Senator Siewert to move on 27/6/2013 that the principles by disallowed The Senate debated the motion on 27/6/2013. The principles were not disallowed.
Civil Aviation Order 48.1 Instrument 2013 [F2013L00258] Senator Xenophon on 24/6/2013 On 27/6/2013 Senator Xenophon postponed his notice to move that the order be disallowed to the next day of sitting The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The order will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
All items in Schedule 1, except for item 12, to the Carbon Credits (Carbon Farming Initiative) Amendment Regulation 2013 (No. 1) [Select Legislative Instrument No. 77, 2013] [F2013L00800] Senator Xenophon on 24/6/2013 On 27/6/2013 Senator Xenophon gave notice of intention to withdraw his notice on the next day of sitting The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The regulation will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - Coral Sea Commonwealth Marine Reserve -  Management plan 2014-2024 [F2013L00425] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act  - North Commonwealth Marine Reserves Network - Management plan 2014-2024 [F2013L00426] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - North-west Commonwealth Marine Reserves Network -  Management plan 2014-2024 [F2013L00428] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - South-east Commonwealth Marine Reserves -  Management plan 2013-2023 [F2013L00423] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - South-west Commonwealth Marine Reserves Network -  Management plan 2014-2024 [F2013L00422] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - Temperate East Commonwealth Marine Reserves Network -  Management plan 2012-2024 [F2013L00421] Senator Colbeck on 24/6/2013 Senator Colbeck to move 15 sitting days after 24/6/2013 that the plan be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The plan will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 [F2013L00258] Senator Xenophon on 18/6/2013 On 27/6/2013 Senator Xenophon postponed his notice to move that the determination be disallowed to the next day of sitting The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The determination will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Customs (Drug and Alcohol Testing) Regulation 2013 [Select Legislative Instrument 2013 No. 2] [F2013L00191] Senator Stephens on 18/6/2013 Senator Stephens to move 15 sitting days after 18/6/2013 that the regulation be disallowed The notice had not been resolved when the 43rd Parliament was prorogued on 5/8/2013. The regulation will be deemed to be tabled again in the Senate on the first sitting day of the 44th Parliament, so that disallowance action may start afresh (subsection 42(3), Legislative Instruments Act 2003).
Environment Protection and Biodiversity Conservation Act - Coral Sea Commonwealth Marine Reserve -  Management plan 2014-2024 [F2013L00425] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Environment Protection and Biodiversity Conservation Act - North Commonwealth Marine Reserves Network - Management plan 2014-2024 [F2013L00426] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Environment Protection and Biodiversity Conservation Act - North-west Commonwealth Marine Reserves Network -  Management plan 2014-2024 [F2013L00428] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Environment Protection and Biodiversity Conservation Act - South-east Commonwealth Marine Reserves -  Management plan 2013-2023 [F2013L00423] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Environment Protection and Biodiversity Conservation Act - South-west Commonwealth Marine Reserves Network -  Management plan 2014-2024 [F2013L00422] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Environment Protection and Biodiversity Conservation Act - Temperate East Commonwealth Marine Reserves Network -  Management plan 2012-2024 [F2013L00421] Mr Cobb on 3/6/2013 Mr Cobb to move that the plan be disallowed The House of Representatives debated the motion on 4/6/2013. The plan was not disallowed.
Australian Charities and Not-for-profits Commission Regulation 2013 [Select Legislative Instrument 2013 No. 22] Senator Fifield on 21/3/2013 Senator Fifield gave notice of intention to withdraw his notice on 27/6//2013 Senator Fifield withdrew the notice on 27/6/2013.
Australian Charities and Not-for-Profits Commission Amendment Regulation 2013 (No. 1) [Select Legislative Instrument 2013 No. 23] Senator Fifield on 21/3/2013 Senator Fifield gave notice of intention to withdraw his notice on 27/6/2013 Senator Fifield withdrew the notice on 27/6/2013.
Building Code 2013 [made under the Fair Work (Building Industry) Act 2012] Senator Abetz on 25/2/2013 Senator Abetz to move on 15/5/2013 that the Code be disallowed The Senate debated the motion on 15/5/2013. The Code was not disallowed.
Building Code 2013 [made under the Fair Work (Building Industry) Act 2012] Mr Ley, MP on 12/2/2013 Mr Ley to move that the Code be disallowed The House of Representatives debated the motion on 28/5/2013. The Code was not disallowed.
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