Disallowance Alert 2008

Disallowance Alert 2008

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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

Defence Force (Home Loans Assistance) Amendment Regulations 2008 (No. 1), Select Legislative Instrument 2008 No. 138 13/10/2008 4/12/2008 On 24 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 25/11/2008.
Livestock Export (Merino) Orders (Amendment) No. 1 of 2008 made under regulation 3 of the Export Control (Orders) Regulations 1982 13/10/2008 4/12/2008 On 10 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 11/11/2008.
Instrument No. CASA 389/08 made under regulation 208 of the Civil Aviation Regulations 1988 13/10/2008 4/12/2008 On 3 December 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 4/12/2008.
Instrument No. CASA 390/08 made under regulation 208 of the Civil Aviation Regulations 1988 13/10/2008 4/12/2008 On 3 December 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 4/12/2008.
Instrument No. CASA 397/08 made under subregulation 38(1) of the Civil Aviation Regulations 1988 13/10/2008 4/12/2008 On 3 December 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 4/12/2008.
Instrument No. CASA 414/08 made under subregulation 38(1) of the Civil Aviation Regulations 1988 13/10/2008 4/12/2008 On 3 December 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 4/12/2008.
Wool Services Privatisation (Research Body) Declaration 2008 made under subsection 30(1) of the Wool Services Privatisation Act 2000 13/10/2008 4/12/2008 On 24 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 25/11/2008.
Determination of Fees for Water and Sewerage Services No. 1 of 2008 made under section 9 of the Christmas Island Act 1958 25/9/2008 3/12/2008 On 10 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 11/11/2008.
Determination of Fees for Water and Sewerage Services No. 1 of 2008 made under section 12 of the Cocos (Keeling) Islands Act 1955 25/9/2008 3/12/2008 On 10 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 11/11/2008.
Private Health Insurance (Benefit Requirements) Rules 2008 (No. 2) made under item 3A of the table in section 333-20 of the Private Health Insurance Act 2007 24/9/2008 2/12/2008 On 10 November 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 11/11/2008.
Social Security (Public Interest Certificate Guidelines) (DEEWR) Amendment Determination 2008 made under subparagraph 209(a)(i) and paragraph 209(b) of the Social Security (Administration) Act 1999 23/9/2008 1/12/2008 On 25 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 13/10/2008.
Higher Education in External Territories Guidelines 2008 made under section 238-10 of the Higher Education Support Act 2003 18/9/2008 26/11/2008 On 25 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 13/10/2008.
Family Assistance (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008 made under subparagraph 169(1)(a)(i) and paragraph 169(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999 15/9/2008 13/11/2008 On 22 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 23/9/2008.
Social Security (Public Interest Certificate Guidelines) (FaHCSIA) Determination 2008 made under subparagraph 209(a)(i) and paragraph 209(b) of the Social Security (Administration) Act 1999 15/9/2008 13/11/2008 On 22 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 23/9/2008
Student Assistance (Public Interest Certificate Guidelines) Determination 2008 made under paragraph 356(1)(a) of the Student Assistance Act 1973 2/9/2008 10/11/2008 On 22 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 23/9/2008.
Film Certification Advisory Board Rules 2008 made under subsection 376-260(1) of the Income Tax Assessment Act 1997 24/6/2008 23/9/2008 On 22 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 23/9/2008.
Torres Strait Regional Authority Section 142S Declaration 2008 made under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005 23/6/2008 22/9/2008 On 1 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 2/9/2008.
Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1) made under subsection 7(1) of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Agricultural and Veterinary Chemicals Code Amendment Instrument No. 1 (Trial Protocols) 2008 made under subsection 32(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Instrument No. CASA 222/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 364/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 445/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 450/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Listable Chemicals Product (Home Swimming Pool and Spa Products) Standard 2007 made under section 56D of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Listable Chemicals Product (Joint Health Products for Dogs and Horses) Standard 2007 made under section 56D of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Migration Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 356 18/6/2008 17/9/2008 On 1 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 2/9/2008.

(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 Environmental and Natural Resource Management Guidelines in relation to the establishment of trees for the purposes of carbon sequestration made under subsection 40-1010(3) of the Income Tax Assessment Act 1997 24/9/2008 Senator Milne gave notice to move the motion on 24/11/2008 (10 sitting days). On 24/11/2008 Senator Milne postponed her notice until 26/11/2008. On 26/11/2008 Senator Milne postponed her notice until 1/12/2008. The Senate debated the motion on 1/12/2008 but did not agree to disallow the Guidelines.
Barnett Item 16525 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2007, Select Legislative Instrument 2007 No. 355 18/6/2008 Senate Barnett gave notice to move the motion on 17/9/2008 (15 sitting days). On 15/9/2008 Senator Barnett was granted leave to call on his notice immediately after the question of a proposed reference to the Finance and Public Administration Committee was determined on 16/9/2008.

On 16/9/2008 Senator Barnett gave notice of intention to withdraw his notice on the next day of sitting.

 Senator Barnett withdrew his notice on 17/9/2008.
Colbeck Health Insurance (Dental Services) Amendment and Repeal Determination 2008 made under subsection 3C(1) of the Health Insurance Act 1973 18/6/2008 Senator Colbeck gave notice to move the motion on the next day of sitting (19/6/2008). The Senate disallowed the Determination on 19/6/2008.
Watson ASIC Class Order [CO 07/753] made under paragraphs 601QA(1)(a), 911A(2)(l), 1020F(1)(a) and 1020F(1)(c) of the Corporations Act 2001

 

14/5/2008 Senator Watson gave notice to move the motion on 17/6/2008. On 17/6/2008 Senator Watson postponed his notice until 24 June 2008.

On 23 June 2008 Senator Watson gave notice of his intention to withdraw the notice on 24 June 2008.

Senator Watson withdrew his notice on 24/6/2008.
Scullion Road User Charge Determination 2008 (No.1) made under the Fuel Tax Act 2006 20/3/2008 Senator Scullion gave notice to move the motion on the next day of sitting (13/5/2008). On 13 May 2008 the Senator postponed his notice until 14 May 2008. The Senate disallowed the Determination on 14/5/2008.
Mason Amendment 2 to the Commonwealth Grant Scheme Guidelines No. 1 made under section 238-10 of the Higher Education Support Act 2003 20/3/2008 Senator Mason gave notice to move the motion on 14 May 2008. The Senate disallowed Amendment 2 to the Commonwealth Grant Scheme Guidelines No. 1 on 14/5/2008.

(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
Gillard Workplace Relations Amendment Regulations 2007 (No. 4), Select Legislative Instrument 2007 No. 306 11/3/2008 3/6/2008 The Regulations were disallowed on 12/3/2008
Gillard Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 307 11/3/2008 3/6/2008 The Regulations were disallowed on 12/3/2008

(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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