Disallowance Alert 2013
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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(If a notice is not withdrawn or otherwise disposed of by the expiration of the 15 sitting days, the instrument is deemed to have been disallowed - Legislative Instruments Act 2003,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 |
| Fifield |
Australian Charities and Not-for-profits
Commission Regulation 2013 [Select Legislative Instrument 2013 No.
22] |
21/3/2013 |
Senator
Fifield gave notice to move the motion on the next day of sitting
(14/5/2013). |
|
| Fifield |
Australian Charities and Not-for-profits
Commission Amendment Regulation 2013 (No. 1) [Select Legislative
Instrument 2013 No. 23] |
21/3/2013 |
Senator
Fifield gave notice to move the motion on the next day of sitting
(14/5/2013). |
|
| Abetz |
Building Code 2013 [made under the Fair Work
(Building Industry) Act 2012] |
25/2/2013 |
Senator
Abetz gave notice to move the motion on the next
day of sitting (26/2/2013). On 26/2/2013 Senator
Abetz postponed the notice till 12/3/2013. On 12/3/2013 Senator Abetz postponed the notice till 18/3/2013.
On 18/3/2013 Senator Abetz postponed the notice till 14/5/2013.
(Last day to resolve notice - 18/6/2013.) |
|
(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 |
| Ley |
Building Code 2013 [made under the Fair Work
(Building Industry) Act 2012] |
12/2/2013 |
29/5/2013 |
|
(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 22 March 2013
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