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Disallowance Alert 2004

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Regulations and other Disallowable Instruments

Subsection 48(4) of the Acts Interpretation Act 1901 deals with notices of motion to disallow Regulations and other legislative instruments. In particular, subsection 48(4) 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 regulations or other disallowable 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.

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

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
Air Navigation (Aviation Security Status Checking) Regulations 2004, Statutory Rules 2004 No.207	2/12/2004	17/3/2005	The Committee gave notice of intention to withdraw and withdrew its notice of disallowance on 17/3/2005.
Crimes Amendment Regulations 2004 (No.1), Statutory Rules 2004 No.164	2/12/2004	17/3/2005	The Committee gave notice of intention to withdraw and withdrew its notice of disallowance on 17/3/2005.
National Health Amendment Regulations 2004 (No.2), Statutory Rules 2004 No.186	2/12/2004	17/3/2005	On 9 December 2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 8/2/2005.
National Health (Private Health Insurance Levies) Regulations 2004, Statutory Rules 2004 No.187	2/12/2004	17/3/2005	On 9 December 2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 8/2/2005.
Broadcasting Services (Events) Notice No.1) 2004 made under subsection 115(1) of the Broadcasting Services Act 1992	12/8/2004	6/10/2004	On 30/8/2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The notice was not withdrawn before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 the Notice will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Military Superannuation and Benefits Amendment Trust Deed 2004 (No.1) made under subsection 5(1) of the Military Superannuation and Benefits Act 1991	12/8/2004	6/10/2004	The notice was not withdrawn or otherwise resolved before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 the Trust Deed will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Excise Amendment Regulations 2004 (No. 1), Statutory Rules 2004 No.27	1/4/2004	10/8/2004	On 13/5/2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 15/6/2004.
Temporary Order No. 4 of 2003, made under subsection 43(8) of the Fisheries Management Act 1991	1/4/2004	10/8/2004	On 13/5/2004 the Committee gave notice of intention to withdraw its notice of disallowance on the next sitting day. The Committee withdrew its notice on 15/6/2004.

(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 - Acts Interpretation Act 1901, s.48(5))

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 recorded.

Senator	Instrument	Date of Notice of Motion to Disallow	* Expiration of 15 sitting days	Outcome
Greig	Notice of Intent to Accredit the Southern Bluefin Tuna Fishery Management Plan (as amended), dated 10 November 2004 and made under section 33 of the Environment Protection and Biodiversity Conservation Act 1999	9/12/2004	Senator Greig gave notice to move the motion to oppose the accreditation of the Plan on the next sitting day (8/2/2005). On 8/2/2005 Senator Greig postponed his notice until 10/3/2005. On 10/3/2005 Senator Greig postponed his notice until 16/3/2005. On 16/3/2005 Senator Greig postponed his notice until 11/5/2005. Senator Greig postponed his notice until 14/6/2005.	The motion was brought on for debate on 14/6/2005 but the Senate did not agree to oppose the accreditation of the Plan.
Sherry	New Divisions 9.2A and 9.2B in item [10] of Schedule 1 to the Superannuation Industry (Supervision) Amendment Regulations 2004 (No.2), Statutory Rules 2004 No.84	7/12/2004	Senator Sherry gave notice to move the motion on 9/12/2004 (2 sitting days).	The motion was brought on for debate on 9/12/2004 but the Senate did not agree to disallow Divisions 9.2A and 9.2B.
Bartlett	Customs (Prohibited Imports) Amendment Regulations 2004 (No.3), Statutory Rules 2004 No.121	16/11/2004	Senator Bartlett gave notice to move the motion in two sitting days (18/11/2004). Senator Bartlett postponed his notice until 29/11/2004. Senator Bartlett postponed his notice until 30/11/2004.	The Senate disallowed the Regulations on 30/11/2004.
Ridgeway	Aboriginal and Torres Strait Islander Heritage Protection Amendment Regulations 2004 (No.1), Statutory Rules 2004 No.176	16/11/2004	Senate Ridgeway gave notice to move the motion on the next day of sitting (17/11/2004). Senator Ridgeway postponed his notice until 18/11/2004. Senator Ridgeway postponed his notice until 8/2/2005.	The motion was brought on for debate on 8/2/2005 but the Senate did not agree to disallow the Regulations.
Marshall and Nettle	Guidelines in relation to the exercise of Compliance Powers in the Building and Construction Industry made under section 88AGA of the Workplace Relations Act 1996 as amended by the Workplace Relations Amendment (Codifying Contempt Offences) Act 2004	30/8/2004	Senators Marshall and Nettle gave notice to move the motion in 15 sitting days.	The notice was not withdrawn or otherwise resolved before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 the Guidelines will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Bartlett	Schedule 1 to the Migration Amendment Regulations 2004 (No.5), Statutory Rules 2004 No.223	12/8/2004	Senator Bartlett gave notice to move the motion on 1/9/2004 (4 sitting days).	The notice was not withdrawn or otherwise resolved before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 Schedule 1 of the Amendment Regulations will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Bartlett	Items [7], [8], [18] to [26], [35] to [40], [48] to [89], [93] to [127], [129] and [130] of Schedule 1 and item [1] of Schedule 2 and items [3] and [4] of Schedule 3 to the Migration Legislation (Fees) Amendment Regulations 2004 (No.1), Statutory Rules 2004 No.192	12/8/2004	Senator Bartlett gave notice to move the motion on 31/8/2004 (3 sitting days).	The notice was not withdrawn or otherwise resolved before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 the specified items in Schedules 1, 2 and 3 of the Amendment Regulations will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Sherry	New Divisions 9.2A and 9.2B in item [10] of Schedule 1 to the Superannuation Industry (Supervision) Amendment Regulations 2004 (No.2), Statutory Rules 2004 No.84	10/8/2004	Senator Sherry gave notice to move the motion on 30/9/2004 (15 sitting days).	The notice was not withdrawn or otherwise resolved before the Parliament was prorogued on 31/8/2004. In accordance with subsection 48(5A) of the Acts Interpretation Act 1901 the new Divisions in item [10] of Schedule 1 to the Amendment Regulations will be deemed to have been tabled on the first sitting day of the Senate in the new Parliament.
Ridgeway	Lands Acquisition Amendment Regulations 2004 (No.2), Statutory Rules 2004 No. 82	17/6/2004	Senator Ridgeway gave notice to move the motion on 17/6/2004. On 21/6/2004 Senator Ridgeway postponed his notice until 23/6/2004. On 23/6/2004 Senator Ridgeway postponed his notice until 24/6/2004.	The motion was brought on for debate on 24/6/2004 but the Senate did not agree to disallow the Regulations.
Allison	Fuel Quality Information Standard (Ethanol) Determination 2003 made under section 22A of the Fuel Quality Standards Act 2000	12/2/2004	Senator Allison gave notice to move the motion on 11/2/2004. On 12/2/2004 Senator Allison postponed her notice until 1/3/2004. On 1/3/2004 Senator Allison postponed her notice until 2/3/2004.	The motion was brought on for debate on 2/3/2004 but the Senate did not agree to disallow the Regulations.
Nettle	New rule 77 in item [1] of Schedule 1 and new item 10990 in item [2] of Schedule 1 to the Health Insurance (General Medical Services Table) Amendment Regulations 2003 (No. 2), Statutory Rules 2003 No. 318	11/2/2004	30/3/2004	The motion was brought on for debate on 11/2/2004 but the Senate did not agree to disallow new rule 77 in item [1] of Schedule 1 and new item 10990 in item [2] of Schedule 1

(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 - Acts Interpretation Act 1901, s.48(5))