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Disallowance Alert 2010

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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 5838
E-mail regords.sen@aph.gov.au

Instrument	Date of Notice of Motion to Disallow	* Expiration of 15 sitting days	Outcome
ASIC Market Integrity Rules (ASX Market) 2010, made under subsection 789G(1) of the Corporations Act 2001	26/11/2010	14/6/2011	On 10/2/2011 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 28/2/2011.
Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 218	26/11/2010	14/6/2011	On 10/2/2011 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 28/2/2011.
Electoral and Referendum Amendment Regulations 2010 (No. 3), Select Legislative Instrument 2010 No. 227	26/11/2010	14/6/2011	On 10/2/2011 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 28/2/2011.
Producer Offset Amendment Rules 2010 (No. 1), made under section 376-265 of the Income Tax Assessment Act 1997	26/11/2010	14/6/2011	On 10/2/2011 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The notice was withdrawn on 28/2/2011.
A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) made under subsection 162(3) of the A New Tax System (Family Assistance) (Administration) Act 1999	22/2/2010	16/6/2010	On 25/2/2010 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 9/3/2010.

(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
Ludlam	Extradition (United Arab Emirates) Regulations 2010, Select Legislative Instrument 2010 No. 36	28/9/2010	26/11/2010	The Senate debated the motion on 26/11/2010. The Regulations were not disallowed.
Fierravanti-Wells	Health Insurance (Eligible Collection Centres) Approval Principles 2010 made under subsection 23DNBA(4) of the Health Insurance Act 1973	23/11/2010	Senator Fierravanti-Wells gave notice to move the motion on the next day of sitting (24/11/2010). On 9/2/2011 Senator Fierravanti-Wells postponed the notice until 2/3/2011.	The Senate debated the motion on 2/3/2011. The Principles were not disallowed.
Kroger	Extradition (United Arab Emirates) Regulations 2010, Select Legislative Instrument 2010 No. 36	28/9/2010	Senator Kroger gave notice to move the motion on 17/11/2010 (9 sitting days). On 17/11/2010 the notice was postponed until the 8/2/2011. The last day by which the notice must be resolved was brought forward to 26/11/2010 when the Senate sat that day.	On 26/11/2010 Senator Kroger sought leave to withdraw the notice standing in her name. Senator Ludlum 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 (last day to resolve the notice 26/11/2010). (see the entry under the name of Senator Ludlum above)
Colbeck	Disability (Access to Premises - Buildings) Standards 2010 made under subsection 31(1) of the Disability Discrimination Act 1992	24/6/2010	Senator Colbeck gave notice to move the motion on the next day of sitting (24/8/2010).	The notice was not resolved when the Senate was prorogued on 19 July 2010 for the federal election. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 43rd Parliament (28/9/2010) allowing the time for the giving notice of motion to disallow to begin anew. (see Effect of the federal election 2010 on disallowable delegated legislation.)
Colbeck	Disability Standards for Accessible Public Transport Amendment 2010 (No. 1) made under subsection 31(1) of the Disability Discrimination Act 1992	24/6/2010	Senator Colbeck gave notice to move the motion on the next day of sitting (24/8/2010).	The notice was not resolved when the Senate was prorogued on 19 July 2010 for the federal election. Under subsection 42(3) of the Legislative Instruments Act 2003, the instrument is deemed to be tabled in the Senate on the first sitting day of the 43rd Parliament (28/9/2010) allowing the time for the giving notice of motion to disallow to begin anew. (see Effect of the federal election 2010 on disallowable delegated legislation.)
Xenophon	Aviation Transport Security Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 80	21/6/2010	Senator Xenophon gave notice to move the motion on the next day of sitting (22/6/2010).	Debate commenced on 22/6/2010. Debate resumed on 24 June 2010. The Regulations were disallowed on 24 June 2010.
Xenophon	New Regulations 4.67C and 4.67E in item [2] of Schedule 1 to the Aviation Transport Security Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 80	15/6/2010	Senator Xenophon gave notice to move the motion on the next day of sitting (16/6/2010). On 16/6/2010 the notice was postponed until 22/6/2010.	Senator Xenophon gave notice on 22/6/2010 of his intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2010.
Fierravanti-Wells	Parts 8, 9 and 10 of Schedule 1 of the National Health (Pharmaceutical Benefits - Therapeutic Groups) Determination 2010 (Instrument Number PB 1 of 2010), made under subsection 84AG(1) of the National Health Act 1953	10/3/2010	Senator Fierranti-Wells gave notice to move the motion on the next day of sitting (11/3/2010) (Last day by which the notice must be resolved - 23/6/2010*)	Instrument Number PB 1 of 2010 was disallowed on 11 March 2010.
Fierravanti-Wells	Amendment Determination - Drugs on F1 and drugs in Part A of F2 (Instrument Number PB 2 of 2010), made under subsections 85AB(1) and 85AC(1) of the National Health Act 1953	10/3/2010	Senator Fierranti-Wells gave notice to move the motion on the next day of sitting (11/3/2010) (Last day by which the notice must be resolved - 23/6/2010*)	Instrument Number PB 2 of 2010 was disallowed on 11 March 2010.

(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
Turnbull	Public Works Committee Amendment Regulations 2010 (No. 1), Select Legislative Instrument 2010 No. 173	18/11/2010	3/3/2011	The House of Representatives debated the motion on 1/3/2011. 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))