Disallowance Alert 2021


The Disallowance Alert lists all instruments subject to a notice of motion for disallowance (whether at the instigation of the committee or an individual senator or member). The progress and eventual outcome of any such notice is also recorded.

Section 42 of the Legislation Act 2003 provides the framework for the standard disallowance process, which is supported by standing orders. For more information regarding the disallowance process, see Odgers' Australian Senate Practice, 14th Edition (2016), the Guide to Senate Procedure No.19 - Disallowance and House of Representatives Guide to Procedure, Chapter 14 - Delegated legislation - Disallowance and approval.

Notices are recorded chronologically in order of the date they were given, starting with the most recent at the top of the table.

Notice given by Motion Outcome
Industry Research and Development (Boosting Australia’s Diesel Storage Program) Instrument 2021 [F2021L00610]
Senator Rice on 24/6/21 To move on the next day of sitting that the instrument be disallowed. To be resolved.
Industry Research and Development (Temporary Refinery Production Payment Program) Instrument 2021 [F2021L00202]
Senator Rice on 24/6/21 To move on the next day of sitting that the instrument be disallowed. To be resolved.
Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021 [F2021L00105]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/6/21 To move 15 sitting days after 15/6/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 16/6/21 gave notice of intention to withdraw the notice of motion on 17/6/21.
Notice of motion withdrawn on 17/6/21.
Australian Renewable Energy Agency Amendment (2020-21 Budget Programs) Regulations 2021 [F2021L00590]
Senator McAllister on 21/6/21 To move on the next day of sitting that the instrument be disallowed. The Senate disallowed the instrument on 22/6/21.
Senator Waters on 21/6/21 To move on the next day of sitting that the instrument be disallowed. The Senate disallowed the instrument on 22/6/21.
Mr Bowen MP on 26/5/21 To move that the instrument be disallowed. The House debated the motion on 15/6/21.
The instrument was not disallowed.
Mr Bandt MP on 25/5/21 To move that the instrument be disallowed. The House debated the motion on 15/6/21.
The instrument was not disallowed.
Industry Research and Development (Beetaloo Cooperative Drilling Program) Instrument 2021 [F2021L00567]
Mr Bandt MP on 24/6/21 To move that the instrument be disallowed. To be resolved.
Senator Waters on 16/6/21 To move on 4/8/21 that the instrument be disallowed. To be resolved.
Ms Steggall MP on 25/5/21 To move that the instrument be disallowed. The House debated the motion on 22/6/21.
The instrument was not disallowed.
ASIC Corporations (Amendment) Instrument 2020/1064 [F2020L01571]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
ASIC Corporations (Amendment) Instrument 2020/1065 [F2020L01572]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
ASIC Corporations (Design and Distribution Obligations—Exchange Traded Products) Instrument 2020/1090 [F2020L01600]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Australia’s Foreign Relations (State and Territory Arrangements) Rules 2020 [F2020L01569]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed. To be resolved.
Commonwealth Grant Scheme Guidelines 2020 [F2020L01609]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Competition and Consumer Amendment (AER Functions) Regulations 2020 [F2020L01606]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 3) 2020 [F2020L01688]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 16/6/21 gave notice of intention to withdraw the notice of motion on 17/6/21.
Notice of motion withdrawn on 17/6/21.
Corporations Amendment (Corporate Insolvency Reforms) Regulations 2020 [F2020L01654]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Corporations (Stay on Enforcing Certain Rights) Amendment (Corporate Insolvency Reforms) Declaration 2020 [F2020L01682]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 [F2020L01568]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
National Health (Data-matching) Principles 2020 [F2021L00006]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 16/6/21 gave notice of intention to withdraw the notice of motion on 17/6/21.
Notice of motion withdrawn on 17/6/21.
Social Security (Parenting payment participation requirements – class of persons) Instrument 2021 [F2021L00064]
Member of the Parliamentary Joint Committee on Human Rights (Senator Dodson) on 11/5/21 To move 15 sitting days after 11/5/21 that the instrument be disallowed. To be resolved. 
Norfolk Island Employment Rules 2020 [F2020L01536]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 17/3/21 To move 15 sitting days after 17/3/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Law Enforcement Integrity Commissioner Amendment (Law Enforcement Agencies) Regulations 2020 [F2020L01506]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 23/2/21
To move 15 sitting days after 23/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 16/6/21 gave notice of intention to withdraw the notice of motion on 17/6/21.

Notice of motion withdrawn on 17/6/21.
Taxation Administration (Remedial Power – Seasonal Labour Mobility Program) Determination 2020 [F2020L01474]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 22/2/21 To move 15 sitting days after 22/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Competition and Consumer (Class Exemption—Collective Bargaining) Determination 2020 [F2020L01334]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Family Law Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01361]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Federal Circuit Court Amendment (Notice of Child Abuse, Family Violence or Risk) Rules 2020 [F2020L01362]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Industry Research and Development (Supporting Agricultural Shows and Field Days Program) Instrument 2020 [F2020L01401]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
Legislation (Deferral of Sunsetting—Telecommunications Universal Service Obligation (Standard Telephone Service—Requirements and Circumstances) Determination) Certificate 2020 [F2020L01301]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 18/2/21 gave notice of intention to withdraw the notice of motion on 22/2/21.
Notice of motion withdrawn on 22/2/21.
Part 138 (Aerial Work Operations) Manual of Standards 2020 [F2020L01402]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
Radiocommunications (Police Forces – Disruption of Unmanned Aircraft) Exemption Determination 2020 [F2020L01296]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
Tax Agent Services (Specified BAS Services No. 2) Instrument 2020 [F2020L01406]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 15/2/21 To move 15 sitting days after 15/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 12/5/21 gave notice of intention to withdraw the notice of motion on 13/5/21.
Notice of motion withdrawn on 13/5/21.
ASIC Corporations (Stub Equity in Control Transactions) Instrument 2020/734 [F2020L01199]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 2/2/21 To move 15 sitting days after 2/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
ASIC Credit (Electronic Precontractual Disclosure) Instrument 2020/835 [F2020L01261]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 2/2/21 To move 15 sitting days after 2/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 17/3/21 gave notice of intention to withdraw the notice of motion on 18/3/21.
Notice of motion withdrawn on 18/3/21.
ASIC Credit (Notice Requirements for Unlicensed Carried Over Instrument Lenders) Instrument 2020/834 [F2020L01259]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 2/2/21
To move 15 sitting days after 2/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 17/3/21 gave notice of intention to withdraw the notice of motion on 18/3/21.
Notice of motion withdrawn on 18/3/21.
Disability (Access to Premises  Buildings) Amendment Standards 2020 [F2020L01245]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 2/2/21 To move 15 sitting days after 2/2/21 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
ASIC Corporations (Amendment) Instrument 2020/721 [F2020L01064]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 7/12/20
To move 15 sitting days after 7/12/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
ASIC Corporations (Hardship Withdrawals Relief) Instrument 2020/778 [F2020L01069]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 7/12/20
To move 15 sitting days after 7/12/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
ASIC Corporations (IPO Communications) Instrument 2020/722 [F2020L01066]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 7/12/20
To move 15 sitting days after 7/12/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 24/2/21 gave notice of intention to withdraw the notice of motion on 25/2/21.
Notice of motion withdrawn on 25/2/21.
Telecommunications (Superfast Broadband Network Class Exemption) Determination 2020 [F2020L01061]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 7/12/20
To move 15 sitting days after 7/12/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 4/2/21 gave notice of intention to withdraw the notice of motion on 15/2/21.
Notice of motion withdrawn on 15/2/21.
Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 [F2020L01416]
Senator Griff on 1/12/20 To move on 8/12/20 that the instrument be disallowed.
Motion postponed on 7/12/20 to 2/2/21.
Motion postponed on 2/2/21 to 16/2/21.
Motion postponed on 16/2/21 to 23/2/21.
The Senate debated the motion on 23/2/21.
The instrument was not disallowed.
ASIC Corporations (Litigation Funding Schemes) Instrument 2020/787 [F2020L01045]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 1/12/20
To move 15 sitting days after 1/12/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 22/2/21 gave notice of intention to withdraw the notice of motion on 23/2/21.
Notice of motion withdrawn on 23/2/21.
Part 3 of the ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 [F2020L00962]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/20
To move 15 sitting days after 30/11/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 17/2/21 gave notice of intention to amend the notice of motion so that it relates only to Part 3 of the instrument.
Senator Fierravanti-Wells on 22/2/21 gave notice of intention to withdraw the notice of motion on 22/2/21.
Notice of motion withdrawn on 22/2/21.
Australian Prudential Regulation Authority (confidentiality) determination No. 1 of 2020 [F2020L00945]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/20 To move 15 sitting days after 30/11/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 4/2/21 gave notice of intention to withdraw the notice of motion on 15/2/21.
Notice of motion withdrawn on 15/2/21.
Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2020 [F2020L00994]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/20
To move 15 sitting days after 30/11/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 4/2/21 gave notice of intention to withdraw the notice of motion on 15/2/21.
Notice of motion withdrawn on 15/2/21.
Veterans' Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Determination 2020 [F2020L01028]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/20 To move 15 sitting days after 30/11/20 that the instrument be disallowed.
Senator Fierravanti-Wells on 18/2/21 gave notice of intention to withdraw the notice of motion on 22/2/21.
Notice of motion withdrawn on 22/2/21.
Industry Research and Development (Bankable Feasibility Study on High-Efficiency Low-Emissions Coal Plant in Collinsville Program) Instrument 2020 [F2020L00772]
Senator Waters on 30/11/20 To move on 16/2/21 that the instrument be disallowed.  The Senate debated the motion on 16/2/21.
The instrument was not disallowed. 
Senator Waters on 27/8/20 To move on the next day of sitting that the instrument be disallowed.
Motion postponed on 31/8/20 to 10/11/20.
Motion postponed on 9/11/20 to 1/12/20.
Senator Waters on 30/11/20 gave notice of intention to withdraw the notice of motion on 1/12/20.
Notice of motion withdrawn on 1/12/20.
Senators McAllister and Waters on 25/8/20 To move on the next day of sitting that the instrument be disallowed. The Senate debated the motion on 26/8/20, 27/8/20 and 31/08/20.
The instrument was not disallowed.
Mr Butler MP on 25/08/20 To move that the instrument be disallowed. The House debated the motion on 27/10/20. The instrument was not disallowed.