Disallowance Alert 2022

Disallowance Alert 2024

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

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.

To be resolved.

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 instruments be disallowed.

To be resolved.

Bankruptcy Amendment (Service of Documents) Regulations 2022 [F2022L00528]

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 instruments be disallowed.
Senator White on 26/10/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/10/22.

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 instruments be disallowed.

To be resolved.

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.

To be resolved.

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 instruments be disallowed.

To be resolved.

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 instruments be disallowed.

To be resolved.

Financial Sector Reform (Hayne Royal Commission Response) (Hawking of Financial Products) Regulations 2021 [F2021L01080]

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 instruments be disallowed.
Senator White on 30/11/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 1/12/2022.

Australian Education Amendment (2022 Capital Funding Indexation) Regulations 2022 [F2022L01167]

Senator Allman-Payne on 26/9/22

To move on 28/9/22 that the instrument be disallowed.
Motion postponed on 28/9/22 to 25/10/22.
Motion postponed on 24/10/22 to 27/10/22.

The motion was moved on 26/10/22.
The instrument was not disallowed.

Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 1) Regulations 2022 [F2022L00357]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 26/9/22

To move 15 sitting days after 26/9/22 that the instrument be disallowed.
Senator White on 23/11/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 24/11/22.

Industry Research and Development (Golden Beach Gas Storage Acceleration Program) Instrument 2022 [F2022L00156]

Senator Cox on 26/9/22

To move on 21/11/22 that the instrument be disallowed.

The motion was moved on 21/11/22.
The instrument was not disallowed.

Social Security (Qualification for Crisis Payment – National Health Emergency) Amendment Determination (No. 2) 2022 [F2022L00993] and Social Security (Qualification for Crisis Payment – National Health Emergency) Amendment Determination 2022 [F2022L00889]

Senator Rice on 26/9/22

To move on 28/9/22 that the instruments be disallowed.

The motion was moved on 28/9/22.
The instruments were not disallowed.

Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022 [F2022L00328]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 26/9/22

To move 15 sitting days after 26/9/22 that the instrument be disallowed.
Senator White on 28/9/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 25/10/22.

Air Navigation (Aircraft Noise) Amendment (2021 Measures No. 1) Regulations 2021 [F2021L01768]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 26/10/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/10/22.

Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2021 (No. 2) [F2021L01658]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 23/11/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 24/11/22.

Financial Framework (Supplementary Powers) Amendment (Health Measures No. 9) Regulations 2021 [F2021L01823]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 26/10/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/10/22.

Financial Framework (Supplementary Powers) Amendment (Home Affairs Measures No. 4) Regulations 2021 [F2021L01824]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 28/9/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 25/10/22.

Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 11) Regulations 2021 [F2021L01825]

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 26/10/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/10/22.

Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 [F2021L01708]

Senator Waters on 6/9/22

To move on 26/10/22 that the instrument be disallowed.

The motion was moved on 26/10/22.
The Senate disallowed the instrument on 26/10/22.

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 7/9/22

To move 15 sitting days after 7/9/22 that the instrument be disallowed.
Senator White on 26/10/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/10/22.

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.

To be resolved.

Senator Lambie 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.

To be resolved.

Senator David Pocock on 6/9/22

To move on 15/9/22 that the instrument be disallowed.
Motion postponed on 26/9/22 to 25/10/22.

The Senate debated the motion on 25/10/22.
The instrument was not disallowed.

Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet’s Portfolio Measures No. 2) Regulations 2022 [F2022L00240]

Dr M Ryan on 5/9/22

To move that the instrument be disallowed.

On 21/11/22, 15 sitting days elapsed since the notice of motion was given to disallow the instrument.

Pursuant to section 42(2) of the Legislation Act 2003 the instrument was taken to be disallowed by the House of Representatives on 21/11/22.

Senator Tyrrell on 6/9/22

To move on 7/9/22 that the instrument be disallowed.
Motion postponed on 7/9/22 to 12/9/22.

The Senate debated the motion 26/9/22.
The Senate disallowed the instrument on 26/9/22.

Senators Shoebridge and Tyrrell on 6/9/22

To move on 8/9/22 that the instrument be disallowed.
Senators Shoebridge and Tyrrell on 7/9/2022 gave notice of intention to withdraw the notice on the next day of sitting.

Notice of motion withdrawn on 8/9/2022.

Chair of the Scrutiny of Delegated Legislation Committee (Senator White) on 26/9/22

To move 15 sitting days after 26/9/22 that the instrument be disallowed.
Senator White on 28/9/22 gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 25/10/22.

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.

The Senate debated the motion on 3/8/22, 5/9/22 and 7/9/22.
The instrument was not disallowed.

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.
Motion postponed on 4/8/22 to 6/9/22.

The Senate debated the motion on 6/9/22 and 7/9/22.
The instrument was not disallowed.

Mr Wilkie on 5/9/22

To move that the instrument be disallowed.

The House debated the motion on 27/10/22.
The instrument was not disallowed.

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) Regulations 2021 [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.