Disallowance Alert 2003

Disallowance Alert 2003

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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

Migration Amendment Regulations 2003 (No. 7), Statutory Rules 2003
No. 239
25/11/2003 4/3/2004

On 10/2/2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 11/2/2004.

Civil Aviation Amendment Regulations 2003 (No.6), Statutory Rules 2003 No.232 16/10/2003 3/12/2003

On 28/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 29/10/2003.

Child Disability Assessment Amendment Determination 2003 made under section 38D of the Social Security Act 1991 15/10/2003 2/12/2003

On 24/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 25/11/2003.

Inclusion of Species in the List of Threatened Species made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999, gazetted on 6 August 2003 15/10/2003 2/12/2003

On 27/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next day of sitting. The Committee withdrew its notice on 28/11/2003.

Criminal Code Amendment Regulations 2003 (No.9), Statutory Rules 2003 No.184 18/9/2003 24/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Determination No.4 of 2003─Reporting Standards for Superannuation Entities made under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 18/9/2003 24/11/2003

On 24/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance at a later hour of the day. The Committee withdrew its notice on 24/11/2003.

Electoral and Referendum Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.188 18/9/2003 24/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Fishing Levy Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.134 18/9/2003 24/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Great Barrier Reef Marine Park Amendment Regulations 2003 (No.2), Statutory Rules 2003 No.200 18/9/2003 24/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Marriage Amendment Regulations 2003 (No.2), Statutory Rules 2003 No.198 18/9/2003 24/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Migration Amendment Regulations 2003 (No.5), Statutory Rules 2003 No.154 18/9/2003 24/11/2003

On 24/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance at a later hour of the day. The Committee withdrew its notice on 24/11/2003.

Retirement Savings Accounts Amendment Regulations 2003 (No.2), Statutory Rules 2003 No.195 18/9/2003 24/11/2003

On 24/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance at a later hour of the day. The Committee withdrew its notice on 24/11/2003.

Superannuation Industry (Supervision) Amendment Regulations 2003 (No.4), Statutory Rules 2003 No.196 18/9/2003 24/11/2003

On 24/11/2003 the Committee gave notice of intention to withdraw its notice of disallowance at a later hour of the day. The Committee withdrew its notice on 24/11/2003.

Medical Indemnity Subsidy Scheme 2003 made under subsection 43(1) of the Medical Indemnity Act 2002

17/9/2003 7/11/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Administrative Decisions (Judicial Review) Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.115

16/9/2003 30/10/2003

On 13/10/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 14/10/2003.

Iraq (Reconstruction and Repeal of Sanctions) Regulations 2003, Statutory Rules 2003 No.97

21/8/2003 16/10/2003

On 15/9/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 16/9/2003.

Workplace Relations Amendment Regulations 2002 (No.3), Statutory Rules 2002 No.337

15/5/2003 20/8/2003

On 26/6/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 11/8/2003.

Farm Help Re-establishment Grant Scheme Amendment 2003 (No.1) made under s.52A of the Farm Household Support Act 1992

15/5/2003 20/8/2003

On 23/6/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 24/6/2003.

Bankruptcy Amendment Regulations 2002 (No.1), Statutory Rules 2002 No.255

5/2/2003 15/5/2003

On 3/3/2003 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 4/3/2003.

(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

Conroy

Schedule 3 of the Corporations Amendment Regulations 2003 (No. 8), Statutory Rules 2003 No. 282

On 23/3/2004 Senator Conroy gave notice of his intention to amend the notice, pursuant to standing order 77, to disallow items [1] to [4], [6], [8] and [9] of Schedule 3

4/12/2003

Senator Conroy gave notice to move the motion to disallow on 12/2/2004. On 12/2/2004 Senator Conroy postponed his notice until 8/3/2004. On 8/3/2004 Senator Conroy postponed his notice until 24/3/2004. The Senate disallowed items [1] to [4], [6], [8] and [9] of Schedule 3 to the Regulations on 24/3/2004 .

On 13/5/2004 the Senate agreed to rescind its resolution of 24/3/2004 disallowing items [1] to [4], [6], [8] and [9] of Schedule 3 to the Regulations (see section 49 of the Acts Interpretation Act 1901). These items remain disallowed. The rescission allows the government to make new regulations the same in substance as the disallowed regulations without waiting for the statutory six month period after disallowance.

Sherry

Superannuation Industry (Supervision) Amendment Regulations 2003
(No. 5), Statutory Rules 2003 No. 251

25/11/2003

4/3/2004

Senator Sherry withdrew his notice on 4/3/2004.

Bartlett

Migration Amendment Regulations 2003
(No. 8), Statutory Rules 2003 No. 283

24/11/2003

Senator Bartlett moved a contingent notice to move the motion immediately

The Senate disallowed the regulations on 24/11/2003.

Brown

Amendment 46 of the National Capital Plan (Gungahlin Drive Extension - Black Mountain Nature Reserve) made under section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988

9/10/2003

Senator Brown gave notice to move the motion on the next day of sitting (13/10/2003).

 

The motion was brought on for debate on 13/10/2003 but the Senate did not agree to disallow Amendment 46.

Allison

Civil Aviation Amendment Regulations 2003 (No.5), Statutory Rules 2003 No.201

16/9/2003

Senator Allison gave notice to move the motion on 27/10/2003 (10 sitting days). On 27/10/2003 Senator Allison postponed her notice until 29/10/2003. On 28/10/2003 Senator Allison gave notice of intention to withdraw her notice of disallowance on the next sitting day.

Senator Allison withdrew her notice on 29/10/2003.

Bartlett

Fisheries Management Amendment Regulations 2003 (No.3), Statutory Rules 2003 No.112

15/9/2003

Senator Bartlett gave notice to move the motion on 8/10/2003 (5 sitting days). On 7/10/2003 Senator Bartlett postponed his notice until 16/10/2003. On 15/10/2003 Senator Bartlett postponed his notice until 29/10/2003. On 29/10/2003 Senator Bartlett gave notice of intention to withdraw his notice at a later hour of the day.

Senator Bartlett withdrew his notice on 29/10/2003.

Bartlett

Clause 4(3) of the Housing Assistance (Form of Agreement) Determination 2003 made under section 5 of the Housing Assistance Act 1996

15/9/2003

Senator Bartlett gave notice to move the motion on 9/10/2003 (6 sitting days). on 8/10/2003 Senator Bartlett postponed his notice until 14/10/2003. On 14/10/2003 Senator Bartlett postponed his notice until 15/10/2003. On 15/10/2003 Senator Bartlett postponed his notice until 29/10/2003.

The motion was brought on for debate on 29/10/2003 but the Senate did not agree to disallow clause 4(3) of the Housing Assistance (Form of Agreement) Determination 2003.

Sherry

Retirement Savings Accounts Amendment Regulations 2003 (No.2), Statutory Rules 2003 No.195

11/9/2003

Senator Sherry gave notice to move the motion on 15/9/2003 (next sitting day). On 15/9/2003 Senator Sherry postponed his notice until 16/9/2003. On 16/9/2003 Senator Sherry postponed his notice until 17/9/2003. On 17/9/2003 Senator Sherry postponed his notice until 18/9/2003.

The Senate disallowed the regulations on 18/9/2003.

Sherry

Superannuation Industry (Supervision) Amendment Regulations 2003 (No.4), Statutory Rules 2003 No.196

11/9/2003

Senator Sherry gave notice to move the motion on 15/9/2003 (next sitting day). On 15/9/2003 Senator Sherry postponed his notice until 16/9/2003. On 16/9/2003 Senator Sherry postponed his notice until 17/9/2003. On 17/9/2003 Senator Sherry postponed his notice until 18/9/2003.

The Senate disallowed the Regulations on 18/9/2003.

Sherry

Migration Amendment Regulations 2003 (No.6), Statutory Rules 2003 No.224

9/9/2003

Senator Sherry gave notice to move the motion on 7/10/2003 (7 sitting days). On 7/10/2003 Senator Sherry postponed his notice until 8/10/2003.

The Senate disallowed the regulations on 9/10/2003.

Brown

Parliamentary Entitlements Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.149

On 19/8/2003, Senator Brown amended his notice to disallow only item [3] of Schedule 1 to the Regulations

12/8/2003

Senator Brown gave notice to move the motion on 19/8/2003 (4 sitting days). On 19/8/2003 Senator Brown postponed his amended notice until 20/8/2003.

The Senate disallowed item [3] of Schedule 1 to the Regulations on 20/8/2003.

Bartlett

Items [2] to [6] of Schedule 1 of the Migration Agents Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.92

24/6/2003

Senator Bartlett gave notice to move the motion on 26/6/2003 (2 sitting days). On 26/6/2003 Senator Bartlett postponed his notice until 11/8/2003. On 11/8/2003 Senator Bartlett postponed his notice until 20/8/2003.

The motion was brought on for debate on 20/8/2003 but the Senate did not agree to disallow items [2] to [6] of Schedule 1 to the Regulations.

Bartlett

Migration Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.57

24/6/2003

Senator Bartlett gave notice to move the motion on 13/8/2003 (5 sitting days). On 11/8/2003 Senator Bartlett postponed his notice until 19/8/2003. On 19/8/2003 Senator Bartlett postponed his notice until 9/9/2003. On 9/9/2003 Senator Bartlett postponed his notice until 15/9/2003.

The motion was brought on for debate on 15/9/2003 but the Senate did not agree to disallow the Regulations..

Bartlett

Item [2197] of Schedule 2 to the Migration Amendment Regulations 2003 (No.3), Statutory Rules 2003 No.106

23/6/2003

Senator Bartlett gave notice to move the motion on 25/6/2003 (2 sitting days). On 25/6/2003 Senator Bartlett postponed his notice until 26/6/2003.

The motion was brought on for debate on 26/6/2003 but the Senate did not agree to disallow item [2197] of Schedule 2 to the Regulations..

Stott Despoja

Customs (Prohibited Exports) Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.17

24/3/2003

Senator Stott Despoja gave notice to move the motion on the next day of sitting (25/3/2003). On 25/3/2003 Senator Stott Despoja postponed her notice until 26/3/2003. On 26/3/2003 Senator Stott Despoja postponed her notice until 27/3/2003. On 27/3/2003 Senator Stott Despoja gave notice of intention to withdraw her notice on the next day of sitting (13/5/2003).

Senator Stott Despoja withdrew her notice on 13/5/2003.

Brown

Amendment 41 of the National Capital Plan (Gungahlin Drive Extension) made under section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988

24/3/2003

Senator Brown gave notice to move the motion on the next day of sitting (25/3/2003). On 25/3/2003 Senator Brown postponed his notice until 27/3/2003. On 26/3/2003 Senator Brown postponed his notice until 14/5/2003. On 13/5/2003 Senator Brown postponed his notice until 26/6/2003. On 24/6/2003 Senator Brown postponed his notice until 19/8/2003.

The motion was brought on for debate on 19/8/2003 but the Senate did not agree to disallow Amendment 41 of the National Capital Plan (Gungahlin Drive Extension).

Brown

Space Activities Amendment Regulations 2003 (No.1), Statutory Rules 2003 No.33

24/3/2003

Senator Brown gave notice to move the motion on 14/5/2003 (5 sitting days). On 13/5/2003 Senator Brown postponed his notice until 26/6/2003. On 26/6/2003 Senator Brown postponed his notice until 11/8/2003.

Senator Brown withdrew his notice on 11/8/2003.

Bartlett

Items [2356], [2357] and [2358] of Schedule 2 to the Migration Amendment Regulations 2002 (No.10), Statutory Rules 2002 No.348

3/3/2003

Senator Bartlett gave notice to move the motion on 19/3/2003 (5 sitting days). On 19/3/2003 Senator Bartlett postponed his notice until 25/3/2003. On 24/3/2003 Senator Bartlett postponed his notice until 26/3/2003. On 26/3/2003 Senator Bartlett postponed his notice until 27/3/2003. On 27/3/2003 Senator Bartlett postponed his notice until 14/5/2003. On 13/5/2003 Senator Bartlett gave notice of his intention to withdraw his notice on the next day of sitting (14/5/2003).

Senator Bartlett withdrew his notice on 14/5/2003.

(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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