Disallowance Alert 2006

Disallowance Alert 2006

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Disallowable Instruments

Part 5 of the Legislative Instruments Act 2003 provides for the parliamentary scrutiny of legislative instruments. Section 42 deals with notices of motion to disallow legislative instruments. In particular, subsection 42(1) 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 legislative 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.

The Acts Interpretation Act 1901 was amended on 1 January 2005 to introduce section 46B that provides for the parliamentary scrutiny of non-legislative instruments. Non-legislative instruments that are expressly declared by a provision of an enabling Act or instrument to be disallowable will be subject to the disallowance provisions contained in Part 5 of the Legislative Instruments Act 2003.

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
Individual Members of the House of Representatives

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

Social Security (Asset-test Exempt Income Stream (Market-linked) - Payment Factors (FACS) Principles 2005 made under subsection 9BA(5) of the Social Security Act 1991 6/12/2006 29/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Social Security (Partially Asst-test Exempt Income Stream - Exemption) (FACS) Principles 2005 made under paragraph (c) of the definition of partially asset-test exempt income stream in subsection 1118(1A) of the Social Security Act 1991 6/12/2006 29/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
A New Tax System (Commonwealth-State Financial Arrangements) Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 258 30/11/2006 22/3/2007 The Committee gave notice on 7/2/2007 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 8/2/2007.
Approved Code of Practice for Manual Handling (Maritime Industry) made under subsection 109(1) of the Occupational Health and Safety (Maritime Industry) Act 1993 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Approved Form for Application for Initial Approval as a Rehabilitation Program Provider made under paragraph 34C(1)(a) and subsection 34S(1) of the Safety, Rehabilitation and Compensation Act 1988 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Approved Form for Application for Renewal of Approval as a Rehabilitation Program Provider made under paragraph 34K(1)(a) and subsection 34S(1) of the Safety, Rehabilitation and Compensation Act 1988 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Determination No. HIB 29/2006 made under paragraph (1)(bj) of Schedule 1 of the National Health Act 1953 30/11/2006 22/3/2007 The Committee gave notice on 1/3/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 20/3/2007.
Direction Relating to Foreign Currency Transactions and to North Korea made under regulation 5 of the Banking (Foreign Exchange) Regulations 1959 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Prescribed Courses for Applicants for Registration as a Migration Agent made under paragraph 5(1)(a) of the Migration Agents Regulations 1998 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Social Security (Public Interest Certificate Guidelines) (DEWR) Determination 2006 made under subparagraph 209(1)(a)(i) and paragraph 209(1)(b) of the Social Security (Administration) Act 1999 30/11/2006 22/3/2007 The Committee gave notice on 7/2/2007 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 8/2/2007.
Variation of Criteria for Approval or Renewal of Approval of Rehabilitation Program Providers made under section 34D of the Safety, Rehabilitation and Compensation Act 1988 30/11/2006 22/3/2007 The Committee gave notice on 26/2/2007 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/2/2007.
Inclusion of species in the list of threatened species (No. 42) made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 19/10/2006 8/2/2007 The Committee gave notice on 27/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 28/11/2006.
Inclusion of species in the list of threatened species (No. 43) made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 19/10/2006 8/2/2007 The Committee gave notice on 27/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 28/11/2006.
Inclusion of species in the list of threatened species (No. 44) made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 19/10/2006 8/2/2007 The Committee gave notice on 27/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 28/11/2006.
Inclusion of species in the list of threatened species (No. 45) made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 19/10/2006 8/2/2007 The Committee gave notice on 27/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 28/11/2006.
Amendment of List of Specimens taken to be suitable for live import [EPBC/s.303EC/SSLI/Amend/012] made under paragraph 303EC(1)(c) of the Environment Protection and Biodiversity Conservation Act 1999 10/10/2006 30/11/2006 The Committee gave notice on 6/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 7/11/2006.
Environment Protection and Biodiversity Conservation Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 131 11/9/2006 9/11/2006 The Committee gave notice on 6/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 7/11/2006.
Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 132 11/9/2006 9/11/2006 The Committee gave notice on 6/11/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 7/11/2006.
Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2006 made under subsection 125(2) of the Broadcasting Services Act 1992 10/8/2006 11/10/2006 The Committee gave notice on 11/9/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 12/9/2006.
Banking (Prudential Standard) Determination No. 1 of 2006 made under paragraphs 11AF(1)(a) and (b) of the Banking Act 1959 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Broadcasting Services (Anti-Terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2006 made under subsection 125(2) of the Broadcasting Services Act 1992 22/6/2006 14/9/2006 The Committee gave notice on 11/9/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 12/9/2006.
Determination of Patient Contribution HIB 07/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Determination of Patient Contribution HIB 08/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Determination of Patient Contribution HIB 09/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Determination of Patient Contribution HIB 10/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Determination of Patient Contribution HIB 11/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting The Committee withdrew its notice on 15/8/2006.
Determination of Patient Contribution HIB 12/2006 made under subsection 3(1) of the Health Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting . The Committee withdrew its notice on 15/8/2006.
Insurance (Prudential Standard) Determination No. 4 of 2006 made under subsection 32(1) of the Insurance Act 1973 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 15/8/2006.
Life Insurance (Prudential Standard) Determination No. 1 of 2006 made under paragraph 230A(1)(a) of the Life Insurance Act 1995 22/6/2006 14/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 15/8/2006.
Australian Prudential Regulation Authority Instrument Fixing Charges No. 1 of 2006 made under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998 19/6/2006 11/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Aviation Transport Security Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 40 19/6/2006 11/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 15/8/2006.
Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 3 19/6/2006 11/9/2006 The Committee gave notice on 17/8/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 4/9/2006.
Income Tax (Effective Life of Depreciating Assets) Amendment Determination 2006 (No. 1) made under subsection 40-100(1) of the Income Tax Assessment Act 1997 19/6/2006 11/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Insurance (Prudential Standard) Determination No. 2 of 2006 made under subsection 32(1) of the Insurance Act 1973 19/6/2006 11/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Insurance (Prudential Standard) Determination No. 3 of 2006 made under subsection 32(1) of the Insurance Act 1973 19/6/2006 11/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Migration Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 10 19/6/2006 11/9/2006 The Committee gave notice on 6/9/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 7/9/2006.
Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 2), Select Legislative Instrument 2006 No. 9 19/6/2006 11/9/2006 The Committee gave notice on 14/8/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 15/8/2006.
Airworthiness Directive Part 39-105 - AD/750XL/6: Centre Console Wiring Loom made under subregulation 39(1) of the Civil Aviation Safety Regulations 1998 14/6/2006 5/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Civil Aviation Order 82.1 Amendment Order (No. 2) 2006 made under paragraph 28BA(1)(b) of the Civil Aviation Act 1988 14/6/2006 5/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.
Instrument No. CASA 49/06 made under subregulations 42ZC(6) and 308(1) of the Civil Aviation Regulations 1988 14/6/2006 5/9/2006 The Committee gave notice on 22/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 8/8/2006.

Broadcasting Services (International Broadcasting) Guidelines 2005 made under section 121FP of the Broadcasting Services Act 1992

27/3/2006 8/8/2006 The Committee gave notice on 19/6/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 20/6/2006.

Instrument No. CASA 383/05 made under regulation 179A of the Civil Aviation Regulations 1988

9/2/2006 19/6/2006

The Committee gave notice on 2/3/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/3/2006.

Civil Aviation Amendment Regulations 2005 (No. 3), Select Legislative Instrument 2005 No. 243

7/2/2006 14/6/2006

The Committee gave notice on 2/3/2006 of its intention to withdraw the notice of motion on the next day of sitting. The Committee withdrew its notice on 27/3/2006.

(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 - Legislative Instruments Act 2003, s.42(2))

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 shown.

Senator

Instrument

Date of Notice of Motion to Disallow

* Expiration of 15 sitting days

Outcome

Siewert 2006/07 SBT Australian National Catch Allocation Determination made under clause 17(2) of the Southern Bluefin Tuna Fishery Management Plan 1995 29/11/2006 Senator Siewert gave notice to move the motion on 5/12/ 2006. On 5/12/2006 Senator Siewert postponed her notice until 7/12/2006. On 7/12/2006 Senator Siewert postponed her notice until 6/2/2007. The Senate debated the motion on 6/2/2007 - debate was adjourned. Debate resumed on 8/2/2007. The Determination was not disallowed.
Murray Clauses 11.1, 11.2 and 11.3 of Determination 2006/18: Members of Parliament - Entitlements made pursuant to subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973 10/10/2006 Senator Murray gave notice to move the motion on 16/10/2006. The Senate debated the motion on 16/10/2006. Clauses 11.1, 11.2 and 11.3 of the Determination were not disapproved.
Murray and Evans Schedule 1 to the Parliamentary Entitlements Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 211 17/8/2006 Senators Murray and Evans gave notice to move the motion on the next day of sitting (4/9/2006).

 

On 4/9/2006, Senators Murray and Evans gave notice of intention to withdraw their notice on the next day of sitting (5/9/2006). The notice was withdrawn on 5/9/2006.
Bob Brown, Murray and Evans Schedules 1 and 3 to the Parliamentary Entitlements Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 211 17/8/2006 Senator Brown gave notice to move the motion on 5/9/2006. The Senate debated the motion on 5/9/2006 - debate was adjourned. Debate resumed on 6/9/2006 - debate was adjourned. Date resumed on 7/9/2006. Schedules 1 and 3 of the Regulations were not disallowed.
Bob Brown Clause 2.2 of Determination 2006/11: Remuneration and Allowances for Holders of Public Office and Members of Parliament, made pursuant to subsections 5(2A), 7(1), 7(3), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973 9/8/2006 Senator Brown gave notice to move the motion on 15/8/2006. On 15/8/2006, Senator Brown postponed his notice until 5/9/2006. The Senate debated the motion on 5/9/2006. Clause 2.2 2.2 of the Determination was not disallowed.
Ludwig, Nettle and Stott Despoja Instrument made by the Governor-General on 13 June 2006 under subsection 35(2) of the Australian Capital Territory (Self-Government) Act 1988, disallowing the Civil Unions Act 2006 (ACT) 14/6/2006 Senators Ludwig, Nettle and Stott Despoja gave notice to move the motion on the next day of sitting (15/6/2006). The Senate debated the motion on 15/6/2006 . The Instrument made by the Governor-General was not disallowed.
Conroy Telecommunications (Operational Separation - Designated Services) Determination (No. 1) 2005 made under subclause 50A(1) of Schedule 1 to the Telecommunications Act 1997 13/6/2006 Senator Conroy gave notice to move the motion on 17/8/2006. The Senate debated the motion on 17/8/2006. The Determination was not disallowed.
Conroy Telecommunications (Requirements for Operational Separation Plan) Determination (No. 1) 2005 made under paragraph 51(1)(d) to Schedule 1 to the Telecommunications Act 1997 13/6/2006 Senator Conroy gave notice to move the motion on 17/8/2006. The Senate debated the motion on 17/8/2006. The Determination was not disallowed.
Bob Brown Criminal Code Amendment Regulations 2005 (No. 14), Select Legislative Instrument 2005 No. 298 11/5/2006 Senator Brown gave notice to move the motion on the next day of sitting (13/6/2006). On 13/6/2006 Senator Brown postponed his notice until 16/8/2006. The Senate debated the motion on 16/8/2006 - debate was adjourned. Debate resumed on 17/8/2006. The Regulations were not disallowed.
Joyce Petroleum Retail Marketing Sites Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 73 11/5/2006 Senator Joyce gave notice to move the motion on 14/6/2006. The Senate debated the motion on 15/6/2006. The Regulations were not disallowed.

Wong

Workplace Relations Regulations 2006, Select Legislative Instrument 2006 No. 52

29/3/2006

Senator Wong gave notice to move the motion on 10/5/2006 (3 sittings days after the giving of notice). On 9/5/2006 Senator Wong postponed her notice until 14/6/2006.

The Senate debated the motion on 14/6/2006 - debate was adjourned. Debate resumed on 15/6/2006. The Regulations were not disallowed.

Wong

Declaration of percentage of Commonwealth supported places to be provided by Table A providers for a course of study in medicine, made under paragraph 36-35(1)(b) of the Higher Education Support Act 2003

28/2/2006

Senator Wong gave notice to move the motion on 29/3/2006 (5 sitting days after the giving of notice).

The Senate debated the motion on 29/3/2006. The Declaration was not disallowed.

(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 - Legislative Instruments Act 2003, s.42(2))

Individual Members of the House of Representatives

Individual Members 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 shown.

Member Instrument Date of Notice of Motion to Disallow Expiration of 15 Sitting Days Outcome
Mr K. Thomson Clauses 11.1, 11.2 and 11.3 of Determination 2006/18: Members of Parliament - Entitlements made pursuant to subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973 30/10/2006

The House of Representatives may disapprove the Determination within 15 sitting days after the instrument has been tabled in that House. The Determination was tabled on 9/10/2006. (Subsection 7(8) of the Remuneration Tribunal Act 1973).

The last day on which the House could disapprove the Determination lapsed on 30/11/2006. Clauses 11.1, 11.2 and 11.3 were therefore not disapproved.
Mr K. Thomson Schedules 1 and 3 to the Parliamentary Entitlements Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 211 5/9/2006

* Last sitting day by which the notice must be resolved - 30/10/2006

The House of Representatives debated the motion on 18/10/2006. Schedules 1 and 3 to the Regulations were not disallowed.
Mr S.F. Smith Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 50 24/5/2006

* Last sitting day by which the notice must be resolved - 10/8/2006

The House of Representatives debated the motion on 9/8/2006. The Regulations were not disallowed.
Mr S.F. Smith Workplace Relations Regulations 2006, Select Legislative Instrument 2006 No. 52 28/3/2006

* Last sitting day by which the notice must be resolved - 14/6/2006

The House of Representatives debated the motion on 24/5/2006. The Regulations were not disallowed.

(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 - Legislative Instruments Act 2003, s.42(2))

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