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
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
(If a notice is not withdrawn or otherwise disposed of by the expiration of the 15 sitting days, the instrument is deemed to have been disallowed - Legislative Instruments Act 2003,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 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 |
Basic 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.
(Last day to resolve notice - 13/3/2013) |
|
| 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 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 |
Basic 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 |
Basic 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 30 November 2012
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