Disallowance Alert 2023

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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
Australian Education Regulations 2023 [F2023L01020]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Insurance Exemption Determination No. 1 of 2023 [F2023L00971]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Higher Education Support (Other Grants) Amendment (National Priorities Pool Program and Regional Partnerships Project Pool Program) Guidelines 2023 [F2023L00983]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Competition and Consumer (Gas Market Code) Regulations 2023 [F2023L00994]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Senator McKim on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 [F2023L00998]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 14/9/23	To move 15 sitting days after 14/9/23 that the instrument be disallowed.	To be resolved.
Social Security (Remote Engagement Program Payment) Determination 2023 [F2023L01003]
Senator Thorpe on 14/9/23	To move on 17/10/23 that the instrument be disallowed.	To be resolved.
National Anti-Corruption Commission Regulations 2023 [F2023L00759]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 4/9/23	To move 15 sitting days after 4/9/23 that the instrument be disallowed.	To be resolved.
National Health Legislation Amendment (Opioid Dependence Treatment and Maximum Dispensed Quantities) Instrument 2023 [F2023L00843]
Senators Ruston, McKenzie, Hanson, Roberts and Van on 9/8/23	To move on 10/8/23 that Schedule 2 to the instrument be disallowed. Senators Ruston, McKenzie, Hanson, Roberts and Van on 10/8/23 did not move the motion when it was called on, and the Senate was informed that it would be taken to be withdrawn on the next sitting day if no other senator took it over. Senator Pratt objected to the withdrawal of the notice of motion, and pursuant to standing order 78, her name was put on the notice of motion.	The motion was moved on 10/8/23. The instrument was not disallowed.
Corporations Amendment (Design and Distribution Obligations—Income Management Regimes) Regulations 2023 [F2023L00193]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 13/6/23	To move 15 sitting days after 13/6/23 that the instrument be disallowed. Senator White on 1/8/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 2/8/23.
Social Security (Administration) (Declinable Transactions and BasicsCard Bank Account) Determination 2023 [F2023L00189]
Senator Rice on 9/5/23	To move on 10/5/23 that the instrument be disallowed. The Senate debated the motion on 10/5/23.	The instrument was not disallowed.
Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 [F2023L00188]
Senator Rice on 30/3/23	To move 15 sitting days after 30/3/23 that subsections 8(3) to 8(8) of the instrument be disallowed. The Senate debated the motion on 3/8/23.	The subsections of the instrument were not disallowed.
Corporations Amendment (Litigation Funding) Regulations 2022 [F2022L01614]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 29/3/23	To move 15 sitting days after 29/3/23 that the instrument be disallowed. Senator White on 1/8/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 2/8/23.
Treasury Laws Amendment (Rationalising ASIC Instruments) Regulations 2022 [F2022L01629]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 29/3/23	To move 15 sitting days after 29/3/23 that the instrument be disallowed. Senator White on 1/8/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 2/8/23.
Aged Care Quality and Safety Commission Amendment (Code of Conduct and Banning Orders) Rules 2022 [F2022L01457]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/3/23	To move 15 sitting days after 7/3/23 that the instrument be disallowed. Senator White on 29/3/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 30/3/23.
Telecommunications Amendment (Disclosure of Information for the Purpose of Cyber Security) Regulations 2022 [F2022L01333]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 8/2/23	To move 15 sitting days after 8/2/23 that the instrument be disallowed. Senator White on 29/3/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 30/3/23.
Broadcasting Services (“Broadcasting Service” Definition — Exclusion) Determination 2022 [F2022L01200]
Senator Hanson-Young on 27/10/22	To move on 21/11/22 that the instrument be disallowed. Motion postponed on 21/11/22 to 28/11/22. Motion postponed on 28/11/22 to 29/11/22. Motion postponed on 29/11/22 to 30/11/22. Motion postponed on 30/11/22 to 8/2/23. Motion postponed on 8/2/23 to 9/2/23.Motion postponed on 9/2/23 to 6/3/23. Senator Hanson-Young on 9/2/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 6/3/23.
Australian Capital Territory National Land (Lakes) Ordinance 2022 [F2022L00468]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 25/10/22	To move 15 sitting days after 25/10/22 that the instrument be disallowed. Senator White on 7/2/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 8/2/23.
Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2022—Schedules 3 and 4 [F2022L00047]
Senator David Pocock on 25/10/22	To move 15 sitting days after 25/10/22 that the Schedules to the instrument be disallowed. The Senate debated the motion on 8/2/23.	The Schedules to the instrument were not disallowed.
Carbon Credits (Carbon Farming Initiative) Amendment (Carbon Capture and Storage Projects) Rule 2021 [F2021L01378]; the Carbon Credits (Carbon Farming Initiative—Carbon Capture and Storage) Methodology Determination 2021 [F2021L01379] and the Industry Research and Development (Carbon Capture, Use and Storage Hubs and Technologies Program) Instrument 2021 [F2021L01593]
Senator Waters on 25/10/22	To move 15 sitting days after 25/10/22 that the instruments be disallowed. The Senate debated the motion on 8/2/23.	The instruments were not disallowed.
Competition and Consumer (Industry Codes—Franchising) Amendment (Franchise Disclosure Register) Regulations 2022 [F2022L00471]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 25/10/22	To move 15 sitting days after 25/10/22 that the instrument be disallowed. Senator White on 7/2/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 8/2/23.
Competition and Consumer Amendment (Consumer Data Right) Regulations 2021 [F2021L01617]
Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 25/10/22	To move 15 sitting days after 25/10/22 that the instrument be disallowed. Senator White on 7/2/23 gave notice of intention to withdraw the notice of motion.	Notice of motion withdrawn on 8/2/23.
Superannuation Industry (Supervision) Amendment (Annual Members’ Meetings Notices) Regulations 2022 [F2022L01162]
Senator McKim on 23/11/22	To move 10 sitting days after 23/11/22 that the instrument be disallowed. Motion postponed on 7/2/23 to 8/3/23.	After the Senate agreed to the motion moved by Senators Lambie and McKim motion on 9/2/23 (see below) the notice was removed from the Notice Paper.
Senators Lambie and McKim on 21/11/22	To move on 22/11/22 that the instrument be disallowed. Motion postponed on 22/11/22 to 24/11/22. Motion postponed on 24/11/22 to 30/11/22. Motion postponed on 30/11/22 to 1/12/22. Motion postponed on 7/2/23 to 8/2/23. The Senate debated the motion on 8/2/23.	The Senate disallowed the instrument on 9/2/23.
Mr Robert on 8/11/22	To move that the instrument be disallowed The House of Representatives debated the motion on 7/2/23. The question on the motion was put on 8/2/23.	The instrument was not disallowed.