Disallowance Alert 2022

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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
Code for the Tendering and Performance of Building Work Amendment Instrument 2022 [F2022L01007]
Senator Cash on 2/8/222	To move on 3/8/22 that the instrument be disallowed.	To be resolved Senate debated the motion on 3/8/22.
Export Control (Animals) Amendment (Northern Hemisphere Summer Prohibition) Rules 2022 [F2022L00537]
Senator Faruqi on 28/7/22	To move on 1/8/22 that the instrument be disallowed. Motion postponed on 1/8/22 to 4/8/22.	To be resolved
Carbon Credits (Carbon Farming Initiative—Plantation Forestry) Methodology Determination 2022 [F2022L00047]
Senator Patrick on 30/3/22	To move 15 sitting days after 30/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Competition and Consumer Amendment (Consumer Data Right) Regulations 2021 [F2021L01617]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/3/22	To move 15 sitting days after 30/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 2) 2021 [F2021L001561]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/3/22	To move 15 sitting days after 30/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Telecommunications (Interception and Access) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01622]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/3/22	To move 15 sitting days after 30/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Australian Renewable Energy Agency (Implementing the Technology Investment Roadmap) Regulations2021 [F2021L01043]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 18/10/21	To move 15 sitting days after 18/10/21 that the instrument be disallowed.	*Pursuant to section 42(2) of the Legislation Act 2003* the regulations were taken to have been disallowed on 28 March 2022.**
Carbon Credits (Carbon Farming Initiative—Electricity Generation from Landfill Gas) Methodology Determination 2021 [F2021L01254]
Senator Patrick on 28/3/22	To move 15 sitting days after 28/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Carbon Credits (Carbon Farming Initiative) Amendment (Carbon Capture and Storage Projects) Rule 2021 [F2021L01378]
Senator McKim on 28/3/22	To move 15 sitting days after 28/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Senator Waters on 22/11/21	To move on 30/11/21 that the instrument be disallowed. Motion postponed on 30/11/21 to 8/2/22.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Carbon Credits (Carbon Farming Initiative—Carbon Capture and Storage) Methodology Determination 2021 [2021L01379]
Senator McKim on 28/3/22	To move 15 sitting days after 28/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Senator Waters on 22/11/21	To move on 30/11/21 that the instrument be disallowed. Motion postponed on 30/11/21 to 8/2/22.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Migration Amendment (Australian Agriculture Workers) Regulations 2021 [F2021L01366]
Senator McKim on 28/3/22	To move 15 sitting days after 28/3/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 [F2021L01708]
Ms Steggall on 14/2/2022	To move that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Senator Waters on 8/2/2022	To move on 30/3/2022 that the instrument be disallowed.	The Senate debated the motion on 30/3/22. The instrument was not disallowed.
Australian Citizenship (special residence requirement) Instrument (LIN 21/069) 2021 [F2021L01422]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/2/22	To move 15 sitting days after 10/2/22 that the instrument be disallowed. Senator Fierravanti-Wells on 29/3/2022 gave notice of intention to withdraw the notice on the next day of sitting	Notice of motion withdrawn on 30/3/2022
Competition and Consumer (Consumer Data Right) Amendment Rules (No. 1) 2021 [F2021L01392]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/2/22	To move 15 sitting days after 10/2/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Financial Framework (Supplementary Powers) Amendment (Health Measures No. 6) Regulations 2021 [F2021L01430]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/2/22	To move 15 sitting days after 10/2/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Industry Research and Development (Supporting Critical Transmission Infrastructure Program) Instrument 2021 [F2021L01312]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/2/22	To move 15 sitting days after 10/2/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Therapeutic Goods (Standard for Human Cell and Tissue Products—Donor Screening Requirements) (TGO 108) Order 2021 [F2021L01326]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/2/22	To move 15 sitting days after 10/2/22 that the instrument be disallowed. Senator Fierravanti-Wells on 29/3/2022 gave notice of intention to withdraw the notice on the next day of sitting	Notice of motion withdrawn on 30/3/2022
Treasury Laws Amendment (Greater Transparency of Proxy Advice) Regulations 2021 [F2021L01801]
Senators Patrick and McKim on 8/2/2022	To move on 10/2/2022 that the instrument be disallowed.	The Senate disallowed the instrument on 10/2/2022
Senator Waters on 2/12/21	To move on 8/2/2022 that the instrument be disallowed. Senator Waters on 8/2/2022 gave notice of intention to withdraw the notice on the next day of sitting.	Notice of motion withdrawn on 9/2/2022.
Industry Research and Development (Carbon Capture, Use and Storage Hubs and Technologies Program) Instrument 2021 [F2021L01593]
Senator Waters on 30/11/21	To move on 8/2/22 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Financial Sector Reform (Hayne Royal Commission Response) (Hawking of Financial Products) Regulations 2021 [F2021L01080]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 22/11/21	To move 15 sitting days after 22/11/21 that the instrument be disallowed.	The notice lapsed prior to the first sitting day of the 47th Parliament, 26/07/2022. The instrument will be deemed to be tabled again on that day, so that the disallowance period may start afresh (subsection 42(3),Legislation Act 2003).
Aged Care Legislation Amendment (Royal Commission Response No. 1) Principles 2021 [F2021L00923]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 18/10/21	To move 15 sitting days after 18/10/21 that the instrument be disallowed.	Notice of motion withdrawn on 28/3/2022.
Great Barrier Reef Marine Park Amendment (No-Anchoring Areas) Regulations 2021 [F2021L00843]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 18/10/21	To move 15 sitting days after 18/10/21 that the instrument be disallowed.	Notice of motion withdrawn on 28/3/2022.