Disallowance Alert 2007

Disallowance Alert 2007

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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

Australian Passports Amendment Determination (No. 4), made under section 57 of the Australian Passports Act 2005 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Corporations Amendment Regulations 2007 (No. 9), Select Legislative Instrument 2007 No. 227 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Family Law (Child Abduction Convention) Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 213 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Financial Transaction Reports Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 214 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Health Insurance (Diagnostic Imaging Services Table) Amendment Regulations 2007 (No. 5), Select Legislative Instrument 2007 No. 224 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Instrument number CASA 222/07 - Direction - number of cabin attendants, made under regulation 208 of the Civil Aviation Regulations 1988 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Instrument number PB 52 of 2007, Determination under paragraph 98C(1)(b) of the National Health Act 1953 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 217 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Private Health Insurance (Prostheses Application and Listing Fee) Rules 2007 (No. 2), made under section 8 of the Private Health Insurance (Prostheses Application and Listing Fees) Act 2007 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Safety, Rehabilitation and Compensation (Revocation of Declaration and Specification) Notice 2007 (No. 1), Notice No. 1 of 2007, made under the Safety, Rehabilitation and Compensation Act 1988 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Therapeutic Goods (Emergency) Exemption 2007 (No. 3), made under subsection 18A(1) and paragraph 18A(2)(a) of the Therapeutic Goods Act 1989 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Trade Practices Amendment Regulations 2007 (No. 4), Select Legislative Instrument 2007 No. 228 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Variation to the Statement of Conditions under subsection 38A(3) of the Defence Service Homes Act 1918 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Vehicle Standard (Australian Design Rule 23/02 - Passenger Car Tyres) 2007, made under subsection 7(1) of the Motor Vehicle Standards Act 1989 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Workplace Relations Amendment Regulations 2007 (No. 2), Select Legislative Instrument 2007 No. 183 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Workplace Relations Amendment Regulations 2007 (No. 3), Select Legislative Instrument 2007 No. 216 20/9/2007 28/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Radiocommunications Taxes Collection Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 142 11/9/2007 5/11/2007 The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Investigation Principles 2007 made under subsection 96-1(1) of the Aged Care Act 1997 15/8/2007 The Committee gave notice to move the motion in 8 sitting days (18/9/2007.) On 17/9/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 18/9/2007.
Broadcasting (Charges) Determination 2007 made under subsection 60(1) of the Australian Communications and Media Authority Act 2005 12/6/2007 10/9/2007 On 13/8/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 14/8/2007.
Radiocommunications (Charges) Determination 2007 made under subsection 60(1) of the Australian Communications and Media Authority Act 2005 12/6/2007 10/9/2007 On 13/8/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 14/8/2007.
Australian Federal Police Amendment Regulations 2006 (No. 1), Select Legislative Instrument 2006 No. 326 8/5/2007 14/8/2007 On 9/8/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 13/8/2007.
Repatriation Pharmaceutical Benefits Scheme (Australian Participants in British Nuclear Tests) 2006 - Instrument 2006 No. R33, made under subsection 18(2) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 8/5/2007 14/8/2007 On 18/6/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 19/6/2007.
Treatment Principles (Australian Participants in British Nuclear Tests) 2006 - Instrument 2006 No. R30, made under subsection 16(2) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 8/5/2007 14/8/2007 On 18/6/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 19/6/2007.
Veterans' Entitlements (Special Disability Trust Beneficiary Requirements) Nomination of Agreement 2006 made under subsection 52ZZZWA(3) of the Veterans' Entitlements Act 1986 1/3/2007 18/6/2007 On 29/3/2007 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 9/5/2007.

(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

Milne Regulation 400 made under item 41 of Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 217 20/9/2007

28/11/2007

The notice was not resolved and lapsed when the Parliament was prorogued on 15 October 2007. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 42nd Parliament.
Bartlett Items 41 and 72 of Schedule 1 and items 7 and 8 of Schedule 2 of the Migration Amendment Regulations 2007 (No. 7), Select Legislative Instrument 2007 No. 257 19/9/2007 Senator Bartlett gave notice to move the motion on the next day of sitting (20/9/2007). The motion was debated on 20/9/2007. The Senate did not agree to disallow the items in Schedules 1 and 2 of the Regulations.
Bob Brown Determination 2007/08: Principal Executive Office (PEO) Classification Structure and Terms and Conditions made pursuant to subsections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973 7/8/2007 Senator Brown gave notice to move the motion on the next day of sitting (8/8/2007).

* (Remuneration Tribunal Act 1973, s.7(8) - Either House of the Parliament may disapprove a Determination within 15 sitting days after it has been tabled in the Parliament. The Determination was tabled on 21/6/2007. The last day on which the Senate may disapprove this Determination is 20/9/2007.)

The motion was debated on 8/8/2007. The Senate did not agree to disapprove the determination.
Bob Brown Determination 2007/04: Principal Executive Office (PEO) Classification Structure and Terms and Conditions made pursuant to subsections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973 20/6/2007 Senator Brown gave notice to move the motion on the next day of sitting (21/6/2007). On 21/6/2007 Senator Brown postponed the notice until 10/9/2007.

* (Remuneration Tribunal Act 1973, s.7(8) - Either House of the Parliament may disapprove a Determination within 15 sitting days after it has been tabled in the Parliament. The Determination was tabled on 12/6/2007. The last day on which the Senate may disapprove this Determination is 10/9/2007.)

On 7/8/2007, Senate Brown gave notice of his intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 8/8/2007.
Bob Brown Amendment 56 (The Griffin Legacy - Principles and Policies)

Amendment 59 (City Hill Precinct)

Amendment 60 (Constitution Avenue)

Amendment 61 (West Basin)

of the National Capital Plan made under section 19 of the Australian Capital Territory (Planning and Land Management) Act 1988

28/3/2007 Senator Brown gave notice to move the motion on 10/5/2007.

 

The Senate debated the motion on 10/5/2007. The Amendments were not disallowed.
Siewert Southern and Eastern Scalefish and Shark Fishery (non-quota species) Total Allowable Catch (2007 Fishing Year) Determination (cited as 2007 SESSF D2) made under section 15 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 26/3/2007 Senator Siewert gave notice to move the motion on the next day of sitting (27/3/2007). On 27/3/2007 Senator Siewert postponed the notice until 10/5/2007. On 10/5/2007 Senator Siewert postponed the notice until 14 June 2007. On 14/6/2007 Senator Siewert gave notice of intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 15/6/2007.

(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
Katter Trade Practices (Horticultural Code of Conduct) Regulations 2006, Select Legislative Instrument 2006 No. 376 26/3/2007 (* Last sitting day by which the notice must be resolved - 12/6/2007.) The House of Representatives debated the motion on 28/3/2007. 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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