Disallowance Alert 2002

Disallowance Alert 2002

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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.

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

Public Service Amendment Regulations 2002 (No.1), Statutory Rules 2002 No.214 24/10/2002 The Chair gave notice to move the motion on 12/12/2002 (15 sitting days). On 5/12/2002 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day . The notice was withdrawn on 9/12/2002.
Regulations 65.060 and 65.270 in item [1] of Schedule 1 of the Civil Aviation Amendment Regulations 2002 (No.2), Statutory Rules 2002 No.167 26/9/2002 The Chair gave notice to move the motion on 2/12/2002 (15 sitting days).

 

On 17/10/2002 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day . The notice was withdrawn on 20/10/2002.
Public Employment (Consequential and Transitional) Amendment Regulations 2002 (No.1), Statutory Rules 2002 No.87 26/8/2002

The Chair gave notice to move the motion on 17/10/2002 (15 sitting days).

 

 

On 15/10/2002 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day . The notice was withdrawn on 16/10/2002.
Fuel Quality Standards Regulations 2001, Statutory Rules 2001 No.236 20/3/2002

The Chair gave notice to move the motion on 21/8/2002 (15 sitting days).

On 16/5/2002 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day . The notice was withdrawn on 18/6/2002.

(If a notice is not withdrawn or otherwise disposed of by the expiration of the 15 sitting days, the instrument is deemed to have been disallowed - Acts Interpretation Act 1901, s.48(5))

 

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

 

 

 

O'Brien Primary Industries (Customs) Charges Amendment Regulations 2002 (No.6), Statutory Rules 2002 No.293 3/12/2002 Senator O'Brien gave notice to move the motion on 9/12/2002 (3 sitting days). On 9/12/2002, Senator O'Brien postponed his notice until 10/12/2002. On 10/12/2002, Senator O'Brien postponed his notice until 11/12/2002. The Senate debated the motion on 11/12/2002 but did not agree to disallow the Regulations.
O'Brien Primary Industries (Excise) Levies Amendment Regulations 2002 (No.10), Statutory Rules 2002 No.294 3/12/2002 Senator O'Brien gave notice to move the motion on 9/12/2002 (3 sitting days). On 9/12/2002, Senator O'Brien postponed his notice until 10/12/2002. On 10/12/2002, Senator O'Brien postponed his notice until 11/12/2002. The Senate debated the motion on 11/12/2002 but did not agree to disallow the Regulations.
O'Brien Primary Industries Levies and Charges Collection Amendment Regulations 2002 (No.7), Statutory Rules 2002 No.295 3/12/2002 Senator O'Brien gave notice to move the motion on 9/12/2002 (3 sitting days). On 9/12/2002, Senator O'Brien postponed his notice until 10/12/2002. On 10/12/2002, Senator O'Brien postponed his notice until 11/12/2002. The Senate debated the motion on 11/12/2002 but did not agree to disallow the Regulations.
Bartlett and McLucas Great Barrier Reef Marine Park Amendment Regulations 2002 (No.5), Statutory Rules 2002 No.209 21/10/2002 Senators Barlett and McLucas gave notice to move the motion on 22/10/2002 (1 sitting day). On 22/10/2002, the Senators postponed their notice until 23/10/2002. The Senate disallowed the regulations on 23/10/2002.
O'Brien Civil Aviation Amendment Regulations 2002 (No.2), Statutory Rules 2002 No.167 24/9/2002 Senator O'Brien gave notice to move the motion on 26/9/2002 (2 sitting days). On 26/9/2002, Senator O'Brien postponed his notice until 16/10/2002. On 16/10/2002, Senator O'Brien postponed his notice until 22/10/2002. On 22/10/2002, Senator O'Brien postponed his notice until 11/11/2002. On 11/11/2002, Senator O'Brien postponed his notice until 13/11/2002. On 13/11/2002, Senator O'Brien gave notice of his intention to withdraw his notice on the next day of sitting. Senator O'Brien withdrew his notice on 14/11/2002.
Greig Therapeutic Goods (Charges) Amendment Regulations 2002 (No.1), Statutory Rules 2002 No.144 23/9/2002 Senator Greig gave notice to move the motion on 24/10/2002 (11 sitting days). On 22/10/2002, Senator Greig gave notice of his intention to withdraw his notice of disallowance on the next day of sitting. Senator Grieg withdrew his notice on 23/10/2002.
Conroy Telstra Carrier Charges-Price Control Arrangements, Notification and Disallowance Determination No.1 of 2002 made under subsections 154(1), 155(1) and 157(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 23/9/2002 Senator Conroy gave notice to move the motion on 13/11/2002 (14 sitting days). The Senate debated the motion on 13/11/2002 but did not agree to disallow the Determination.
Forshaw Standard 9:Employment conditions, in item 9 of Schedule 1 of the Disability Services (Disability Employment and Rehabilitation Program) Standards 2002 made under paragraphs 5A(1)(b) and (c) and subsection 5A(2) of the Disability Services Act 1986 23/9/2002 Senator Forshaw gave notice to move the motion on 22/10/2002 (9 sitting days). The Senate debated the motion on 22/10/2002 but did not agree to disallow Standard 9.
Harris Great Barrier Reef Marine Park Amendment Regulations 2002 (No.1), Statutory Rules 2002 No.72 26/8/2002 Senator Harris gave notice to move the motion on 17/10/2002 (15 sitting days). The motion was withdrawn in accordance with Senate Standing Order No.78 on 17/10/2002..
Harris Great Barrier Reef Marine Park Amendment Regulations 2002 (No.2), Statutory Rules 2002 No.73 26/8/2002 Senator Harris gave notice to move the motion on 17/10/2002 (15 sitting days). The motion was withdrawn in accordance with Senate Standing Order No.78 on 17/10/2002.
Faulkner,
Stott Despoja,
Brown
Migration Amendment Regulations 2002 (No.4), Statutory Rules 2002 No.129 19/6/2002 The Senators, by leave, moved that the Regulations be disallowed on the same day that they were tabled (19/6/2002). The Senate disallowed the Regulations on 19/6/2002.
Conroy Regulations 7.9.10 and 7.9.11 of the Corporations Amendment Regulations 2001 (No.4), Statutory Rules 2001 No.319 18/6/2002 Senator Conroy gave notice to move the motion on 21/8/2002 (9 sitting days). On 20/8/2002 Senator Conroy postponed his notice until 28/8/2002. On 28/8/2002 Senator Conroy postponed his notice until 29/8/2002. On 29/8/2002 Senator Conroy postponed his notice until 16/9/2002. The Senate disallowed Regulations 7.9.10 and 7.9.11 on 16/9/2002.
Conroy Regulations 7.9.10, 7.9.11(1), 7.9.11(1)(a), 7.9.11(1)(b) and 7.9.11(2) of the Corporations Amendment Regulations 2002 (No.2), Statutory Rules 2002 No.16 18/6/2002 Senator Conroy gave notice to move the motion on 21/8/2002 (9 sitting days). On 20/8/2002 Senator Conroy postponed his notice until 28/8/2002. On 28/8/2002 Senator Conroy postponed his notice until 29/8/2002. On 29/8/2002 Senator Conroy postponed his notice until 16/9/2002. The Senate disallowed Regulations 7.9.10, 7.9.11(1), 7.9.11(1)(a), 7.9.11(1)(b) and 7.9.11(2) on 16/9/2002.
Conroy Regulation 7.8.22 of the Corporations Amendment Regulations 2002 (No.3), Statutory Rules 2002 No.41 18/6/2002 Senator Conroy gave notice to move the motion on 21/8/2002 (9 sitting days). On 20/8/2002 Senator Conroy postponed his notice until 28/8/2002. On 28/8/2002 Senator Conroy postponed his notice until 29/8/2002. On 29/8/2002 Senator Conroy postponed his notice until 16/9/2002. On 16/9/2002 Senator Conroy withdrew his notice to disallow Regulation 7.8.22.
Harris Motor Vehicle Standards Amendment Regulations 2001 (No.1), Statutory Rules 2001 No.350 18/6/2002 Senator Harris gave notice to move the motion on 19/8/2002 (7 sitting days). On 19/8/2002 the notice was postponed until 20/8/2002. The Senate debated the motion on 20/8/2002 but did not agree to disallow the regulations.
Bartlett Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No.3), Statutory Rules 2001 No.327

 

On 16/9/2002 Senator Barlett amended his motion and moved that only Regulation 9A.20 - Wildlife trade operations and management plans, in item [2] of Schedule 1 to the Regulations be disallowed.

 

 

 

18/6/2002 Senator Bartlett gave notice to move the motion on 22/8/2002 (10 sitting days). On 20/8/2002 Senator Bartlett postponed his notice until 28/8/2002. On 28/8/2002 Senator Bartlett postponed his notice until 16/9/2002. The Senate debated the motion on 16/9/2002 but did not agree to disallow Regulation 9A.20.
Brown Christmas Island Space Centre (APSC Proposal) Ordinance 2001, Ordinance No.4 of 2001 made under the Christmas Island Act 1958 14/5/2002 Senator Brown gave notice to move the motion on the next day of sitting (15/5/2002) (1 sitting day). On 15/5/2002 Senator Brown postponed his notice until 16/5/2002. On 16/5/2002 Senator Brown postponed his notice until 17/6/2002. The Senate debated the motion on 19 and 20/6/2002 but did not agree to disallow the Ordinance.
Brown Christmas Island Space Centre (APSC Proposal) Regulations 2001, Regulations 2001 No.1 made under the Christmas Island Space Centre (APSC) Ordinance 2001 14/5/2002 Senator Brown gave notice to move the motion on the next day of sitting (15/5/2002) (1 sitting day). On 15/5/2002 Senator Brown postponed his notice until 16/5/2002.On 16/5/2002 Senator Brown postponed his notice until 17/6/2002. The Senate debated the motion on 19 and 20/6/2002 but did not agree to disallow the Regulations.
Bartlett Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No.2), Statutory Rules 2001 No.306 21/3/2002 Senator Bartlett gave notice to move the motion on 16/5/2002 (3 sitting days). On 14/5/2002 Senator Bartlett postponed his notice until 18/6/2002. On 18/6/2002 Senator Barlett postponed his notice until 24/6/2002. On 24/6/2002 Senator Bartlett postponed his notice until 21/8/2002. On 20/8/2002 Senator Bartlett postponed his notice until 22/8/2002. Senator Bartlett gave notice of his intention to withdraw the notice on 21/8/2002. The notice was withdrawn on 22/8/2002.
Sherry Workplace Relations Amendment Regulations 2001 (No.2), Statutory Rules 2001 No.323 21/3/2002 Senator Sherry gave notice for 11 sitting days which will expire on 27/6/2002. On 27/6/2002 Senator Sherry postponed his notice until 19/8/2002. The Senate debated the motion on 19/8/2002 but did not agree to disallow the Regulations.
Evans Health Insurance Determination HS/5/01 made under section 3C of the Health Insurance Act 1973 19/3/2002 Senator Evans gave notice to move the motion on 21/3/2002 (2 sitting days). The Senate disallowed the Determination on 21/3/2002.
Faulkner Electoral and Referendum Amendment Regulations 2001 (No.1), Statutory Rules 2001 No.248 14/3/2002 Senator Faulkner gave notice to move the motion on 21/3/2002 (3 sitting days). On 20/3/2002 Senator Faulkner postponed his notice until 14/5/2002. Debate on the disallowance motion began on 14/5/2002. The debate was adjourned until the next day of sitting on 15/5/2002. The Senate disallowed the Regulations on 15/5/2002.

(If a notice is not withdrawn or otherwise disposed of by the expiration of the 15 sitting days, the instrument is deemed to have been disallowed - Acts Interpretation Act 1901, s.48(5))

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