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Disallowance Alert 2008

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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

Student Assistance (Public Interest Certificate Guidelines) Determination 2008 made under paragraph 356(1)(a) of the Student Assistance Act 1973 2/9/2008 10/11/2008  
Film Certification Advisory Board Rules 2008 made under subsection 376-260(1) of the Income Tax Assessment Act 1997 24/6/2008 23/9/2008  
Torres Strait Regional Authority Section 142S Declaration 2008 made under subsection 142S(1) of the Aboriginal and Torres Strait Islander Act 2005 23/6/2008 22/9/2008 On 1 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 2/9/2008.
Agricultural and Veterinary Chemicals Code Amendment Order 2007 (No. 1) made under subsection 7(1) of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Agricultural and Veterinary Chemicals Code Amendment Instrument No. 1 (Trial Protocols) 2008  made under subsection 32(1) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Instrument No. CASA 222/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 364/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 445/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Instrument No. CASA 450/07 made under regulation 208 of the Civil Aviation Regulations 1988 18/6/2008 17/9/2008 On 26 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 26/8/2008.
Listable Chemicals Product (Home Swimming Pool and Spa Products) Standard 2007 made under section 56D of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Listable Chemicals Product (Joint Health Products for Dogs and Horses) Standard 2007 made under section 56D of the Agricultural and Veterinary Chemicals Code Act 1994 18/6/2008 17/9/2008 On 23 June 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 24/6/2008.
Migration Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 356 18/6/2008 17/9/2008 On 1 September 2008 the Committee gave notice of its intention to withdraw the notice on the next day of sitting. The Committee withdrew its notice on 2/9/2008.

(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

Barnett Item 16525 in Part 3 of Schedule 1 to the Health Insurance (General Medical Services Table) Regulations 2007, Select Legislative Instrument 2007 No. 355 18/6/2008 Senate Barnett gave notice to move the motion on 17/9/2008 (15 sitting days).

* (Last day to resolve the notice - 17/9/2008)

 
Colbeck Health Insurance (Dental Services) Amendment and Repeal Determination 2008 made under subsection 3C(1) of the Health Insurance Act 1973 18/6/2008 Senator Colbeck gave notice to move the motion on the next day of sitting (19/6/2008). The Senate disallowed the Determination on 19/6/2008.
Watson ASIC Class Order [CO 07/753] made under paragraphs 601QA(1)(a), 911A(2)(l), 1020F(1)(a) and 1020F(1)(c) of the Corporations Act 2001

 

 

14/5/2008 Senator Watson gave notice to move the motion on 17/6/2008. On 17/6/2008 Senator Watson postponed his notice until 24 June 2008.

On 23 June 2008 Senator Watson gave notice of his intention to withdraw the notice on 24 June 2008.

Senator Watson withdrew his notice on 24/6/2008.
Scullion Road User Charge Determination 2008 (No.1) made under the Fuel Tax Act 2006 20/3/2008 Senator Scullion gave notice to move the motion on the next day of sitting (13/5/2008). On 13 May 2008 the Senator postponed his notice until 14 May 2008. The Senate disallowed the Determination on 14/5/2008.
Mason Amendment 2 to the Commonwealth Grant Scheme Guidelines No. 1 made under section 238-10 of the Higher Education Support Act 2003 20/3/2008 Senator Mason gave notice to move the motion on 14 May 2008. The Senate disallowed Amendment 2 to the Commonwealth Grant Scheme Guidelines No. 1 on 14/5/2008.

(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
Gillard Workplace Relations Amendment Regulations 2007 (No. 4), Select Legislative Instrument 2007 No. 306 11/3/2008 3/6/2008 The Regulations were disallowed on 12/3/2008
Gillard Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1), Select Legislative Instrument 2007 No. 307 11/3/2008 3/6/2008 The Regulations were disallowed on 12/3/2008

(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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