Disallowance Alert 2012

Disallowance Alert 2012

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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
E-mail regords.sen@aph.gov.au

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(If a notice is not withdrawn or otherwise disposed of by the expiration of the 15 sitting days, the instrument is deemed to have been disallowed - Legislative Instruments Act 2003,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))

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

Hanson-Young

Basin Plan 2012, made under Part 2 of the Water Act 2007

26/11/2012

Senator Hanson-Young gave notice to move the motion on the next day of sitting (27/11/2012).

The Senate debated the motion on 28/11/2012. The Plan was not disallowed.

Xenophon

Item [1] of Schedule 1 to the National Health (Weighted average disclosed price - interim supplementary disclosure cycle) Amendment Determination 2012 (No. 2) [PB98 of 2012], made under subsection 99ADB(4) of the National Health Act 1953

26/11/2012

Senator Xenophon gave notice to move the motion on 28/11/2012. On 27/11/2012 Senator Xenophon postponed the notice till 29/11/2012. On 28/11/2012 Senator Xenophon gave notice of intention to withdraw the notice on the next day of sitting (29/11/2012).

Senator Xenophon withdrew the notice on 29/11/2012.

Hanson-Young

Migration Amendment Regulation 2012 (No. 5), as contained in Select Legislative Instrument 2012 No. 230

20/11/2012

Senator Hanson-Young gave notice to move the motion on 22/11/2012. On 22/11/2012 Senator Hanson-Young postponed the notice till 6/2/2013.

 The Senate debated the motion on 6/2/2013. The regulation was not disallowed.

Abetz

Migration Amendment Regulation 2012 (No. 6), as contained in Select Legislative Instrument 2012 No. 237

19/11/2012

Senator Abetz gave notice to move the motion on 21/11/2012.

The Senate disallowed the regulation on 21/11/2012.

Siewert

Social Security (Administration) (Declared income management areas) Determination 2012, made under section 123TFA of the Social Security (Administration) Act 1999

23/8/2012

Senator Siewert gave notice to move the motion on 11/9/2012. Senator Siewert postponed the notice till 17/9/2012. On 17/9/2012 Senator Siewert postponed the notice till 10 October 2012. On 9/10/2012 Senator Siewert postponed the notice till 29/10/2012.

The Senate debated the motion on 29/10/2012. The determination was not disallowed.

Siewert

Social Security (Administration) (Vulnerable income management areas) Specification 2012, made under subsections 123UCA(3) and 123UGB(2) of the Social Security (Administration) Act 1999

23/8/2012

Senator Siewert gave notice to move the motion on 11/9/2012. Senator Siewert postponed the notice till 17/9/2012. On 17/9/2012 Senator Siewert postponed the notice till 10 October 2012. On 9/10/2012 Senator Siewert postponed the notice till 29/10/2012.

The Senate debated the motion on 29/10/2012. The specification was not disallowed.

Siewert

Social Security (Administration) (Vulnerable Welfare Payment Recipient) Principles 2012, made under subsection 123UGA(2) of the Social Security (Administration) Act 1999

23/8/2012

Senator Siewert gave notice to move the motion on 11/9/2012. Senator Siewert postponed the notice till 17/9/2012. On 17/9/2012 Senator Siewert postponed the notice till 10 October 2012. On 9/10/2012 Senator Siewert postponed the notice till 29/10/2012.

The Senate debated the motion on 29/10/2012. The principles were not disallowed.

Siewert

Social Security (Administration) (Specified income management Territory – Northern Territory) Specification 2012, made under subsections 123UCB(4) and 123UCC(4) of the Social Security (Administration) Act 1999

23/8/2012

Senator Siewert gave notice to move the motion on 11/9/2012. Senator Siewert postponed the notice till 17/9/2012. On 17/9/2012 Senator Siewert postponed the notice till 10 October 2012. On 9/10/2012 Senator Siewert postponed the notice till 29/10/2012.

The Senate debated the motion on 29/10/2012. The specification was not disallowed.

Siewert

Social Security (Administration) (Declared child protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2012, made under section 123TF of the Social Security (Administration) Act 1999

23/8/2012

Senator Siewert gave notice to move the motion on 11/9/2012. Senator Siewert postponed the notice till 17/9/2012. On 17/9/2012 Senator Siewert postponed the notice till 10 October 2012. On 9/10/2012 Senator Siewert postponed the notice till 29/10/2012.

The Senate debated the motion on 29/10/2012. The determination was not disallowed.

Whish-Wilson

Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2012, made under subsection 17(6)(aa) of the Fisheries Management Act 1991

16/8/2012

Senator Whish-Wilson gave notice to move the motion on the next day of sitting (20/8/2012). Senator Whish-Wilson postponed the notice till 22/8/2012.

Debate commenced on 22/8/2012.
Debated continued and was adjourned on 23/8/2012. Debate continued on 10/9/2012.

The Senate debated the motion on 10/9/2012. The determination was not disallowed.

Colbeck

Fishing Levy Regulations 2011, as contained in Select Legislative Instrument 2011 No. 241

29/2/2012

20/6/2012

Senator Colbeck withdrew the notice on 19/6/2012.

(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

Basin Plan 2012, made under Part 2 of the Water Act 2007

27/11/2012

20/3/2013

The House debated the motion on 29/11/2012. The Plan was not disallowed.

McCormack

Basin Plan 2012, made under Part 2 of the Water Act 2007

26/11/2012

19/3/2013

The House debated the motion on 29/11/2012. The Plan was not disallowed.

Dutton

Health Insurance (Dental services) Amendment Determination 2012 (No. 1), dated 3 September 2012, made under subsection 3C(1) of the Health Insurance Act 1973

18/9/2012

Second sitting day 2013

Debate commenced on 20/9/2012. Debate continued on 9/10/2012.

The House of Representatives debated the motion on 9/10/2012. The determination was not disallowed.

Robert

Items 8 and 9 of Defence Determination 2012/29, Leave and travel - amendment, dated 13 June 2012, made under section 58B of the Defence Act 1903

26/6/2012

18/9/2012

Mr Robert withdrew the notice on 17/9/2012.

Truss

Road User Charge Determination (No. 1) 2012, made under the Fuel Tax Act 2006

26/6/2012

18/9/2012

The House of Representatives debated the motion on 17/9/2012. The determination was not disallowed.

Cobb

Fishing Levy Regulations 2011, as contained in Select Legislative Instrument 2011 No. 241

29/2/2012

24/5/2012

Mr Cobb withdrew the notice on 22/5/2012.

Oakeshott

Renewable Energy (Electricity) Amendment Regulations 2011 (No. 5), as contained in Select Legislative Instrument 2011 No. 222

8/2/2012

21/3/2012

The House of Representatives debated the motion on 19/3/2012. 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))

Last reviewed 8 February 2013

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