Disallowance Alert 2009

Disallowance Alert 2009

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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

Marine Orders Part 28 - Operations standards and procedures - Issue 3, as contained in Marine Order No. 4 of 2009 and made under subsection 425(1AA) of the Navigation Act 1912 2/12/2009 11/5/2010 On 4/2/2010 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 22/2/2010.
National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) made under subsection 35(1) of the National Health Security Act 2007 26/10/2009 22/2/2010 On 19/11/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/11/2009.
Aviation Transport Security Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 24 18/6/2009 10/9/2009 On 8/9/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day.  Senator Xenophon objected to the withdrawal and under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the Committee's notice. (see the entry under the name of Senator Xenophon below.)
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 4 15/6/2009 7/9/2009 On 20/8/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 7/9/2009.
ACIS Administration (Commonwealth Financial Assistance) Determination 2009 made under subsections 11(3) and (4) of the ACIS Administration Act 1999 19/3/2009 13/8/2009 On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Banking Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 280 19/3/2009 13/8/2009 On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Banking (Prudential Standard) Determination No. 3 of 2008 made under subsections 11AF(1) and (3) of the Banking Act 1959 19/3/2009 13/8/2009 On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Family Law Amendment Regulations 2008 (No. 3), Select Legislative Instrument 2008 No. 258 19/3/2009 13/8/2009 On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Instrument Number CASA 51/09 made under regulation 208 of the Civil Aviation Regulations 1988 19/3/2009 13/8/2009 On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Insurance Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 281 19/3/2009 13/8/2009 On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Social Security (Administration) (Schooling Requirement) Determination 2009 (No. 1) made under section 124C of the Social Security (Administration) Act 1999 19/3/2009 13/8/2009 On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Instrument number CASA 627/08 made under regulation 208 of the Civil Aviation Regulations 1988 16/3/2009 25/6/2009 On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Other Grants Guidelines (Research) 2008 made under section 238-10 of the Higher Education Support Act 2003 16/3/2009 25/6/2009 On 19/3/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 12/5/2009.
Accounting Standard AASB 2008-10 made under section 334 of the Corporations Act 2001 11/2/2009 16/6/2009 On 12/2/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 10/3/2009.

(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

Ronaldson definition of electioneering in subregulation 3AA(11) in item [1] of Schedule 1 of the Parliamentary Entitlement Amendment Regulations 2009 (No.1) Amendment Regulations 2009 (No.1), Select Legislative Instrument 2009 No. 250 16/11/2009 Senator Ronaldson gave notice to move the motion on 24/11/2009 (5 sitting days). On 24/11/2009 Senator Ronaldson gave notice of his intention to withdraw the notice on the next day of sitting.

 

The notice was withdrawn on 25/11/2009.
Cormann,
Fielding and
Xenophon
Health Insurance (Cataract Surgery) Determination 2009 under subsection 3C(1) of the Health Insurance Act 1973 16/11/2009 Senators Cormann, Fielding and Xenophon gave notice to move the motion on 25/11/2009 (6 sitting days). The Determination was disallowed on 25/11/2009.
Cormann,
Fielding and
Xenophon
Items 42698, 42701, 42702 and 42718 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2009, Select Legislative Instrument 2009 No. 272 27/10/2009 Senators Cormann, Fielding and Xenophon gave notice to move the motion on the next day of sitting (28/10/2009).

 

Items 42698, 42701, 42702 and 42718 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2009 were disallowed on 28/10/2009.
Abetz Schedule 2 of the Fair Work Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 164 26/10/2009 Senate Abetz gave notice to move the motion on 16/11/2009 (4 sitting days). On 16/11/2009 Senator Abetz gave notice that he would withdraw his notice on 17/11/2009. The notice was withdrawn on 17/11/2009.
Fielding Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982   On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. The Orders were disallowed on 15/9/2009.
Fielding Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 108   On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. The Regulations were disallowed on 15/9/2009.
Fielding Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 109   On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. The Regulations were disallowed on 15/9/2009.
Fielding Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 110   On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. The Regulations were disallowed on 15/9/2009.
Colbeck Inclusion of ecological communities in the list of threatened ecological communities [Lowland Native Grasslands of Tasmania] made on 18 June 2009 under section 181 of the Environment Protection and Biodiversity Conservation Act 1999 15/9/2009 Senate Colbeck gave notice to move the motion on the next day of sitting (16/9/2009). On 16/9/2009 Senator Colbeck postponed the notice until 17/9/2009. The Senate debated the motion on 17/9/2009. The instrument was not disallowed.
Xenophon Aviation Transport Security Amendment Regulations 2009 (N0. 1), Select Legislative Instrument 2009 No. 24   On 8/9/2009 Senator Xenophon objected to the withdrawal of the notice of motion to disallow given by the  Regulations and Ordinances Committee. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. The Regulations were disallowed on 10/9/2009.
Siewert Threat Abatement Plan for disease in nature ecosystems caused by Phytophthora cinnamomi (2009) made under section 279 of the Environment Protection and Biodiversity Conservation Act 1999 19/8/2009 Senator Siewert gave notice to move the motion on 9/9/2009. On 9/9/2009 Senator Siewert postponed the notice until 16/9/2009.

 

The debate on the motion began on 16/9/2009. The debate was adjourned and the resumption of the debate was made an order of the day for 26/10/2009. On 26/10/2009 the debate was postponed until 28/10/2009. On 28/10/2009 the debate was postponed until 16/11/2009. On 16/11/2009 the debate was postponed until 17/11/2009. The debate resumed. The Plan was disallowed on 17/11/2009.
Fierravanti-Wells Migration Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 143 19/8/2009 Senator Fierravanti-Wells gave notice to move the motion on 7/9/2009. On 7/9/2009 Senator Feirravanti-Wells postponed the notice until 8/9/2009. The Senate debated the motion on 8/9/2009. The Regulations were not disallowed.
Bob Brown Remuneration Tribunal Determination 2009/11: Members of Parliament - Travelling Allowance made under subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973 19/8/2009 Senator Brown gave notice to move the motion on the next day of sitting (20/8/2009).

 

The Senate debated the motion on 20/8/2009. The Determination was not disapproved.
Boswell and Macdonald Proclamation dated 14 May 2009 [Coral Sea Conservation Zone] made under subsection 390D(1) of the Environment Protection and Biodiversity Conservation Act 1999 19/8/2009 Senators Boswell and Macdonald gave notice to move the motion on 26/10/2009 (10 sitting days). On 26/10/2009 Senators Boswell and Macdonald postponed the notice until 28/10/2009. On 28/10/2009 Senators Boswell and Macdonald postponed the notice until 29/10/2009. On 29/10/2009 Senators Boswell and Macdonald postponed the notice until 16/11/2009. On 16/11/2009 Senators Boswell and Macdonald postponed the notice until 17/11/2009. The Senate debated the motion on 17/11/2009. The Proclamation was not disallowed.
Milne Energy Efficiency Opportunities Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 119 25/6/2009 Senator Milne gave notice to move the motion on the next day of sitting (11/8/2009). On 11/8/2009 Senator Milne postponed the notice until 8/9/2009. On 8/9/2009 Senator Milne postponed the notice until 9/9/2009. The Senate debated the motion on 9/9/2009. The Regulations were not disallowed.
Abetz Directions in Relation to Coercive Powers, made on 17 June 2009 under section 11 of the Building and Construction Industry Improvement Act 2005 24/6/2009 Senator Abetz gave notice to move the motion on the next day of sitting (25/6/2009). The Directions were disallowed on 25/6/2009.
Milne Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982 23/6/2009 Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.

 

On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice.  Senator Fielding objected to the withdrawal and under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. (see the entry under the Senator's name for the status of the notice.)
Milne Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 108 23/6/2009 Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.

 

On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice.  Senator Fielding objected to the withdrawal and under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. (see the entry under the Senator's name for the status of the notice.)
Milne Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 109 23/6/2009 Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.

 

On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice.  Senator Fielding objected to the withdrawal and under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. (see the entry under the Senator's name for the status of the notice.)
Milne Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 110 23/6/2009 Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.

 

On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice.  Senator Fielding objected to the withdrawal and under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice. (see the entry under the Senator's name for the status of the notice.)
Colbeck Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982 23/6/2009 Senator Colbeck gave notice to move the motion on the next day of sitting (24/6/2009). On 24/6/2009, Senator Colbeck postponed the notice until 25/6/2009. On 25/6/2009 Senate Colbeck postponed the notice until 20/8/2009. On 19/8/2009 Senator Colbeck postponed the notice until 15/9/2009. On 15/9/2009 the motion was debated together with the notice on the same instrument given by Senator Fielding. (see entry in the name of Senator Fielding above).

The Orders were  disallowed on 15/9/2009.

Brown Part 3 (clauses 3.1 to 3.3) of Determination 2009/04: Remuneration and Allowances of Holders of Public Office; and Members of Parliament - Entitlements and Office Holders Additional Salary made pursuant to subsections 7(1), 7(3) and 7(4) of the Remuneration Tribunal Act 1973 13/5/2009 Senate Brown gave notice to move the motion on the next day of sitting.

 

The Senate debated the motion on 14/5/2009. Part 3 of the Determinations 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
         

(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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