Parliament of Australia: Senate: Committee: Regulations and Ordinances Committee: Alert 2009

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Disallowance Alert 2009

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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
National Health Security (SSBA Standards) Amendment Determination 2009 (No. 1) made under subsection 35(1) of the National Health Security Act 2007	26/10/2009	22/2/2010	On 19/11/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day.
Aviation Transport Security Amendment Regulations 2009 (N0. 1), Select Legislative Instrument 2009 No. 24	18/6/2009	10/9/2009	On 8/9/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. Senator Xenophon 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 Committee's notice. (see the entry under the name of Senator Xenophon below.)
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 4	15/6/2009	7/9/2009	On 20/8/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 7/9/2009.
ACIS Administration (Commonwealth Financial Assistance) Determination 2009 made under subsections 11(3) and (4) of the ACIS Administration Act 1999	19/3/2009	13/8/2009	On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Banking Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 280	19/3/2009	13/8/2009	On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Banking (Prudential Standard) Determination No. 3 of 2008 made under subsections 11AF(1) and (3) of the Banking Act 1959	19/3/2009	13/8/2009	On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Family Law Amendment Regulations 2008 (No. 3), Select Legislative Instrument 2008 No. 258	19/3/2009	13/8/2009	On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Instrument Number CASA 51/09 made under regulation 208 of the Civil Aviation Regulations 1988	19/3/2009	13/8/2009	On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Insurance Amendment Regulations 2008 (No. 2), Select Legislative Instrument 2008 No. 281	19/3/2009	13/8/2009	On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Social Security (Administration) (Schooling Requirement) Determination 2009 (No. 1) made under section 124C of the Social Security (Administration) Act 1999	19/3/2009	13/8/2009	On 22/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 23/6/2009.
Instrument number CASA 627/08 made under regulation 208 of the Civil Aviation Regulations 1988	16/3/2009	25/6/2009	On 15/6/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 16/6/2009.
Other Grants Guidelines (Research) 2008 made under section 238-10 of the Higher Education Support Act 2003	16/3/2009	25/6/2009	On 19/3/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 12/5/2009.
Accounting Standard AASB 2008-10 made under section 334 of the Corporations Act 2001	11/2/2009	16/6/2009	On 12/2/2009 the Committee gave notice of its intention to withdraw the notice on the next sitting day. The notice was withdrawn on 10/3/2009.

(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
Ronaldson	definition of *electioneering* in subregulation 3AA(11) in item [1] of Schedule 1 of the Parliamentary Entitlement Amendment Regulations 2009 (No.1) Amendment Regulations 2009 (No.1), Select Legislative Instrument 2009 No. 250	16/11/2009	Senator Ronaldson gave notice to move the motion on 24/11/2009 (5 sitting days). *(Last day by which the notice must be resolved - 9/3/2010)
Cormann, Fielding and Xenophon	Health Insurance (Cataract Surgery) Determination 2009 under subsection 3C(1) of the Health Insurance Act 1973	16/11/2009	Senators Cormann, Fielding and Xenophon gave notice to move the motion on 25/11/2009 (6 sitting days). *(Last day by which the notice must be resolved - 9/3/2010)
Cormann, Fielding and Xenophon	Items 42698, 42701, 42702 and 42718 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2009, Select Legislative Instrument 2009 No. 272	27/10/2009	Senators Cormann, Fielding and Xenophon gave notice to move the motion on the next day of sitting (28/10/2009).	Items 42698, 42701, 42702 and 42718 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2009 were disallowed on 28/10/2009.
Abetz	Schedule 2 of the Fair Work Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 164	26/10/2009	Senate Abetz gave notice to move the motion on 16/11/2009 (4 sitting days). On 16/11/2009 Senator Abetz gave notice that he would withdraw his notice on 17/11/2009. *(Last day by which the notice must be resolved - 22/2/2010)	The notice was withdrawn on 17/11/2009.
Fielding	Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982		On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice.	The Orders were disallowed on 15/9/2009.
Fielding	Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 108		On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice.	The Regulations were disallowed on 15/9/2009.
Fielding	Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 109		On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice.	The Regulations were disallowed on 15/9/2009.
Fielding	Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 110		On 15/9/2009 Senator Fielding objected to the withdrawal of the notice of motion to disallow given by Senator Milne. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice.	The Regulations were disallowed on 15/9/2009.
Colbeck	Inclusion of ecological communities in the list of threatened ecological communities [Lowland Native Grasslands of Tasmania] made on 18 June 2009 under section 181 of the Environment Protection and Biodiversity Conservation Act 1999	15/9/2009	Senate Colbeck gave notice to move the motion on the next day of sitting (16/9/2009). On 16/9/2009 Senator Colbeck postponed the notice until 17/9/2009.	The Senate debated the motion on 17/9/2009. The instrument was not disallowed.
Xenophon	Aviation Transport Security Amendment Regulations 2009 (N0. 1), Select Legislative Instrument 2009 No. 24		On 8/9/2009 Senator Xenophon objected to the withdrawal of the notice of motion to disallow given by the Regulations and Ordinances Committee. Under Senate Standing Order 78 the notice was placed in his name for the remainder of the period of the notice.	The Regulations were disallowed on 10/9/2009.
Siewert	Threat Abatement Plan for disease in nature ecosystems caused by Phytophthora cinnamomi (2009) made under section 279 of the Environment Protection and Biodiversity Conservation Act 1999	19/8/2009	Senator Siewert gave notice to move the motion on 9/9/2009. On 9/9/2009 Senator Siewert postponed the notice until 16/9/2009. (*The last day by which the notice must be resolved is 17/11/2009.)	The debate on the motion began on 16/9/2009. The debate was adjourned and the resumption of the debate was made an order of the day for 26/10/2009. On 26/10/2009 the debate was postponed until 28/10/2009. On 28/10/2009 the debate was postponed until 16/11/2009. On 16/11/2009 the debate was postponed until 17/11/2009. The debate resumed. The Plan was disallowed on 17/11/2009.
Fierravanti-Wells	Migration Amendment Regulations 2009 (No. 6), Select Legislative Instrument 2009 No. 143	19/8/2009	Senator Fierravanti-Wells gave notice to move the motion on 7/9/2009. On 7/9/2009 Senator Feirravanti-Wells postponed the notice until 8/9/2009.	The Senate debated the motion on 8/9/2009. The Regulations were not disallowed.
Bob Brown	Remuneration Tribunal Determination 2009/11: Members of Parliament - Travelling Allowance made under subsections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973	19/8/2009	Senator Brown gave notice to move the motion on the next day of sitting (20/8/2009).	The Senate debated the motion on 20/8/2009. The Determination was not disapproved.
Boswell and Macdonald	Proclamation dated 14 May 2009 [Coral Sea Conservation Zone] made under subsection 390D(1) of the Environment Protection and Biodiversity Conservation Act 1999	19/8/2009	Senators Boswell and Macdonald gave notice to move the motion on 26/10/2009 (10 sitting days). On 26/10/2009 Senators Boswell and Macdonald postponed the notice until 28/10/2009. On 28/10/2009 Senators Boswell and Macdonald postponed the notice until 29/10/2009. On 29/10/2009 Senators Boswell and Macdonald postponed the notice until 16/11/2009. On 16/11/2009 Senators Boswell and Macdonald postponed the notice until 17/11/2009. (*The last day by which the notice must be resolved is 17/11/2009.)	The Senate debated the motion on 17/11/2009. The Proclamation was not disallowed.
Milne	Energy Efficiency Opportunities Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 119	25/6/2009	Senator Milne gave notice to move the motion on the next day of sitting (11/8/2009). On 11/8/2009 Senator Milne postponed the notice until 8/9/2009. On 8/9/2009 Senator Milne postponed the notice until 9/9/2009.	The Senate debated the motion on 9/9/2009. The Regulations were not disallowed.
Abetz	Directions in Relation to Coercive Powers, made on 17 June 2009 under section 11 of the Building and Construction Industry Improvement Act 2005	24/6/2009	Senator Abetz gave notice to move the motion on the next day of sitting (25/6/2009).	The Directions were disallowed on 25/6/2009.
Milne	Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982	23/6/2009	Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.	On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice. Senator Fielding 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. (see the entry under the Senator's name for the status of the notice.)
Milne	Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 108	23/6/2009	Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.	On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice. Senator Fielding 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. (see the entry under the Senator's name for the status of the notice.)
Milne	Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 109	23/6/2009	Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.	On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice. Senator Fielding 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. (see the entry under the Senator's name for the status of the notice.)
Milne	Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1), Select Legislative Instrument 2009 No. 110	23/6/2009	Senator Milne gave notice to move the motion on 25/6/2009. On 25/6/2009 Senate Milne postponed the notice until 20/8/2009. On 19/8/2009 Senator Milne postponed the notice until 15/9/2009.	On 15/9/2009 Senator Milne gave notice of intention to withdraw the notice. Senator Fielding 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. (see the entry under the Senator's name for the status of the notice.)
Colbeck	Export Control (Fees) Amendment Orders 2009 (No. 1) made under regulation 3 of the Export Control (Orders) Regulations 1982	23/6/2009	Senator Colbeck gave notice to move the motion on the next day of sitting (24/6/2009). On 24/6/2009, Senator Colbeck postponed the notice until 25/6/2009. On 25/6/2009 Senate Colbeck postponed the notice until 20/8/2009. On 19/8/2009 Senator Colbeck postponed the notice until 15/9/2009.	On 15/9/2009 the motion was debated together with the notice on the same instrument given by Senator Fielding. (see entry in the name of Senator Fielding above). The Orders were disallowed on 15/9/2009.
Brown	Part 3 (clauses 3.1 to 3.3) of Determination 2009/04: Remuneration and Allowances of Holders of Public Office; and Members of Parliament - Entitlements and Office Holders Additional Salary made pursuant to subsections 7(1), 7(3) and 7(4) of the Remuneration Tribunal Act 1973	13/5/2009	Senate Brown gave notice to move the motion on the next day of sitting.	The Senate debated the motion on 14/5/2009. Part 3 of the Determinations was 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))

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

(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))

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