Chapter 15 - Delegated
legislation and disallowance
Disallowance
motion without notice
While the statutory provisions refer
to notice being given of a motion for disallowance, the Senate may disallow
tabled regulations without notice if standing orders are suspended to do so.
When the matter came before the High Court in the case concerning the Transport
Workers Regulations, Rich J. held that the statutory provisions as
to notice are directory, not imperative (Dignan v Australian Steamships Pty
Ltd 1931 45 CLR 188 at 198).
The Senate may also suspend standing orders to enable a notice of
motion of disallowance, having effect for that day, to be given and the motion
then moved. This occurred on 20 June 1967 (J.153) when a special meeting of the Senate was held,
at the request of an absolute majority of senators, in order to have the
opportunity to move for disallowance of certain postal and telephone
regulations. After some formal business, the Leader of the Opposition, Senator L.K. Murphy, moved:
That so much of the Standing Orders be
suspended as would prevent a Notice of Motion from being now given by Senator
Murphy, and having effect for this day, for the disallowance of the Regulations
contained in Statutory Rules 1967, Nos. 74, 75, 76 and 77, and made under the
Post and Telegraph Act 1901-1966.
The motion being agreed to, Senator Murphy then gave notice of motion for the disallowance of the
regulations. Then he moved, pursuant to that notice, that the regulations be
disallowed, which motion was agreed to (20/6/1967, J.153).
Given that notice is not necessary, this elaborate procedure need not
be followed. For a motion moved by leave after notice was given of it on the
same day, see 1/11/2000, J.3466.
For disallowance
motions moved by leave immediately after the tabling of the regulations by a
minister, see 19/12/1991, J.1990; 19/6/2002,
J.402-3; pursuant to a contingent notice immediately after tabling, 24/11/2003, J.2692-3.
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