Disallowance Alert 2001

Disallowance Alert 2001

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Regulations and other Disallowable Instruments

Subsection 48(4) of the Acts Interpretation Act 1901 deals with notices of motion to disallow Regulations and other legislative instruments. In particular, subsection 48(4) provides that if either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after any regulations or other disallowable instruments have been laid before that House, passes a resolution disallowing any of those legislative instruments, any legislative instrument so disallowed thereupon ceases to have effect.

Any Senator or Member of the House of Representatives is entitled to give a notice of motion to disallow. The Chair of the Senate Standing Committee on Regulations and Ordinances gives notices of motion on behalf of the Committee relating to the its scrutiny of instruments. This disallowance alert provides information on

  • disallowance action initiated by the Regulations and Ordinances Committee
  • disallowance action initiated by individual Senators
  • disallowance action initiated by individual Members of the House of Representatives.

Unresolved notices of motion to disallow when Parliament was prorogued for 2001 federal election

There were three unresolved notices of motion to disallow instruments in the Senate when the Parliament was prorogued for the 2001 federal election. These notices related to:

The notices on these instruments lapse at the end of the old Parliament but in accordance with subsection 48(5A) of the Acts Interpretation Act 1901, these instruments will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament. In effect, these instruments will be treated as if they had been tabled for the first time and any Senator will have 15 sitting days in which to give a notice of motion to disallow any of them.

Regulations and Ordinances Committee
Individual Senators

Regulations and Ordinances Committee

The Chair on behalf of the Committee has given notices of motion to disallow the legislative instruments shown in the following table. The current status or outcome of the notice is also recorded.

If you have any queries on these notices please contact the Secretariat on:

Telephone (02) 6277 3799
Facsimile (02) 6277 5881
E-mail regords.sen@aph.gov.au

Instrument

Date of Notice of Motion to Disallow

Expiration of 15 sitting days

Outcome

Veterans' Entitlements (Means Test Treatment of Private Companies - Excluded Companies) Declaration 2001 made under subsection 52ZZA(5) of the Veterans' Entitlements Act 1986 27/9/2001 3/12/2001 Notice lapsed when Parliament prorogued for 2001 federal election. See statement above concerning unresolved notices.
Quarantine Service Fees Determinations 2001 (No.1 of 2201) made under section 86E of the Quarantine Act 1908 25/9/2001 21/11/2001 Notice lapsed when Parliament prorogued for 2001 federal election. See statement above concerning unresolved notices.
Space Activities Regulations 2001, Statutory Rules 2001 No.186 20/9/2001 19/11/2001 Notice of intention to withdraw given on 26/9/2001. The Committee withdrew the notice on 27/9/2001.
Air Navigation (Essendon Airport) Regulations 2001, Statutory Rules 2001 No.125 23/8/2001 24/10/2001 Notice lapsed when Parliament prorogued for 2001 federal election. See statement above concerning unresolved notices.
Fisheries Management Amendment Regulations 2001 (No.2), Statutory Rules 2001 No.22 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Guidelines for Detention of, Dealing with, and Disposal of Drug like substances, made under subsection 99ZS(1) of the National Health Act 1953 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Health Insurance Commission Export of Pharmaceutical Benefits Guidelines, made under subsection 99ZS(2) of the National Health Act 1953 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Interstate Road Transport Amendment Regulations 2001 (No.1), Statutory Rules 2001 No.15 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Radiocommunications Licence Conditions (Broadcasting Licence) Amendment Determination 2001 (No.1), made under paragraph 107(1)(f) of the Radiocommunications Act 1992 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
States Grants (Primary and Secondary Education Assistance) (SES Scores Guidelines) Approval 2000, made under section 7 of the States Grants (Primary and Secondary Education Assistance) Act 2000 5/4/2001 7/8/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Export Inspection and Meat Charges Collection Amendment Regulations 2000 (No.1), Statutory Rules 2000 No.342 2/4/2001 27/6/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Instrument fixing charges to be paid to APRA, made under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1985 2/4/2001 27/6/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
National Health (Pharmaceutical Benefits) Amendment Regulations 2000 (No.1), as contained in Statutory Rules 2000 No.369 2/4/2001 27/6/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Recognition of Representative Aboriginal/Torres Strait Islander Body 2001 (No.1), made under subsection 203AD(1) of the Native Title Act 1993 2/4/2001 27/6/2001 Notice of intention to withdraw notice given on 5/4/2001. The Committee withdrew the notice on 22/5/2001.
Renewable Energy (Electricity) Regulations 2001, Statutory Rules 2001 No.2 2/4/2001 27/6/2001 Notice of intention to withdraw given on 24/5/2001. The Committee withdrew the notice on 18/6/2001.
Nuclear Non-Proliferation (Safeguards) Amendment Regulations 2000 (No.3), Statutory Rules 2000 No.305 1/3/2001 22/5/2001 Notice of intention to withdraw notice given on 26/3/2001. The Committee withdrew the notice on 27/3/2001.
Civil Aviation Amendment Regulations 2000 (No.8), Statutory Rules 2000 No.295 7/02/2001 3/04/2001 Notice of intention to withdraw notice given on 5/3/2001. The Committee withdrew the notice on 6/3/2001.
Exemption No.CASA EX43/2000 made under regulation 308 of the Civil Aviation Regulations 1988 7/02/2001 3/04/2001 Notice of intention to withdraw notice given on 5/3/2001. The Committee withdrew the notice on 6/3/2001.
Civil Aviation Amendment Order (No.12) 2000 made under subregulation 84A(2) of the Civil Aviation Regulations 1988 4/12/2000 26/3/2001 Notice of intention to withdraw notice given on 8/3/2001. The Committee withdrew the notice on 26/3/2001.
GST-free Supply (Drugs and Medicinal Preparations) Determination 2000 (No.2) made under paragraph 177-10(4)(c) of the A New Tax System (Goods and Services Tax) Act 1999 29/11/2000 6/3/2001 Notice of intention to withdraw notice given on 26/2/2001. The Committee withdrew the notice on 27/2/2001.

Individual Senators

Individual Senators have given notices of motion to disallow the legislative instruments shown in the following table. The current status or outcome of the notice is also recorded.

Senator

Instrument

Date of Notice of Motion to Disallow

Expiration of 15 sitting days

Outcome

Evans Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2001 (No.4), Statutory Rules 2001 No.157 19/9/2001 Senator Evans gave notice to move the motion on 25/9/2001 (3 sitting days). Senator Evans postponed the notice until 26/9/2001. The Senate disallowed the regulations on 26/9/2001.
Allison Sanctions Amendment Principles 2001 (No.1) made under subsection 96-1(1) of the Aged Care Act 1997 20/6/2001 Senator Allison gave notice to move the motion on 21/6/2001 (1 sitting day). On 21/6/2001, Senator Allison postponed the notice until 22/8/2001. Notice of intention to withdraw notice given on 20/8/2001. Senator Allison withdrew the notice on 21/8/2001.
Collins Workplace Relations Amendment Regulations 2000 (No.3), Statutory Rules 2000 No.328 2/4/2001 Senator Collins gave notice to move the motion on 24/5/2001 (8 sitting days). On 23/5/2001, Senator Collins postponed the notice until 21/6/2001. On 19/6/2001, Senator Collins postponed the notice until 27/6/2001. The Senate disallowed the regulations on 27/6/2001.
Brown Regulations 11 and 19 of the Renewable Energy (Electricity) Regulations 2001, Statutory Rules 2001 No.2 1/3/2001 Senator Brown gave notice to move the motion on 6/3/2001 (2 sitting days). On 5/3/2001, Senator Brown postponed the notice until 27/3/2001. Motion brought on for debate on 27/3/2001 but the Senate did not agree to disallow regulations 11 and 19 of the Regulations.
Allison Item 3 of Schedule 3 of the Renewable Energy (Electricity) Regulations 2001, Statutory Rules 2001 No.2 28/2/2001 Senator Allison gave notice for only 7 sitting days which will expire on 27/3/2001. Motion brought on for debate on 27/3/2001 but the Senate did not agree to disallow Item 3 of Schedule 3 of the Regulations.
Brown Regulation 8 of the Renewable Energy (Electricity) Regulations 2001, Statutory Rules 2001 No.2 8/2/2001 Senator Brown gave notice to move the motion on 27/2/2001 (2 sitting days). On 27/2/2001, Senator Brown postponed the notice until 6/3/2001. On 5/3/2001, Senator Brown postponed the notice until 27/3/2001. Motion brought on for debate on 27/3/2001 but the Senate did not agree to disallow regulation 8 of the Regulations.

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