Disallowance Alert 2011

Disallowance Alert 2011

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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 3066
Facsimile (02) 6277 5838
E-mail regords.sen@aph.gov.au

Instrument

Date of Notice of Motion to Disallow

* Expiration of 15 sitting days

Outcome

Instrument CASA EX48/11, made under subregulation 308(1) of the Civil Aviation Regulations 1988 17/8/2011 12/10/2011 On 25/8/2011 the committee gave notice of its intention to withdraw the notice on the next day of sitting (12/9/2011). The notice was withdrawn on 12/9/2011.

(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

Wright Health Insurance (Allied Health Services) Amendment Determination 2011 (No. 2) 23/11/2011 The Senator gave notice to move the motion on the next day of sitting (24/11/2011). On 24/11/2011 the Senator postponed the notice till 8/2/2012. On 7/2/2012 the Senator gave notice of intention to withdraw the notice on the next day of sitting (8/2/2012). The notice was withdrawn on 8/2/2012.
Abetz Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 144 21/9/2011 The Senator gave notice to move the motion on the next day of sitting (22/9/2011). The notice was withdrawn on 22/9/2011.
Abetz Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 144 14/9/2011 The Senator gave notice to move the motion in 15 sitting days (23/11/2011).
The notice was withdrawn on 22/9/2011.
Hanson-Young Migration Amendment Regulations 2011 (No. 4), Select Legislative Instrument 2011 No. 122 23/8/2011 The Senator gave notice to move the motion on the next day of sitting (24/8/2011).
On 24/8/2011 the Senator postponed the notice until 14/9/2011. On 13/9/2011 the Senator postponed the notice until 21/9/2011.
The Senate debated the motion on 21/9/2011. The Regulations were not disallowed.
Cormann, Xenophon, Williams National Consumer Credit Protection Amendment Regulations 2011 (No. 2), Select Legislative Instrument 2011 No. 40 16/6/2011 The Senators gave notice to move the motion on 21/6/2011. The Senate debated the motion on 22/6/2011. The Regulations were not disallowed.
Cormann, Xenophon, Williams National Consumer Credit Protection Amendment Regulations 2011 (No. 3), Select Legislative Instrument 2011 No. 67 16/6/2011 The Senators gave notice to move the motion on 21/6/2011. The Senate debated the motion on 22/6/2011. 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))

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
Chester Environment Protection and Biodiversity Conservation Amendment Regulations 2011 (No. 1), Select Legislative Instrument 2011 No. 191 23/11/2011 15/3/2012 The House of Representatives debated the motion on 14/3/2012. 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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