Disallowance Alert 2019

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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. The key features are:

  • within 15 sitting days after tabling a senator or member of the House of Representatives may give notice of a motion to disallow the instrument (in whole or in part);
  • if the motion is agreed to, the instrument is disallowed and it then ceases to have effect;
  • if a notice of motion to disallow the instrument has not been resolved or withdrawn within 15 sitting days after having been given, the instrument is deemed to have been disallowed and it ceases to have effect; and
  • disallowance has the effect of repealing the instrument – if the instrument repealed all or part of an earlier instrument then disallowance also has the effect of reviving that part of the earlier instrument.

For guidance regarding the interpretation of the expression ‘sitting day’ in section 42 of the Legislation Act 2003, see Odgers' Australian Senate Practice, 14th Edition (2016), Chapter 15, pp 446-447.

For more information regarding the disallowance process, see Odgers' Australian Senate Practice, 14th Edition (2016), the Brief 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
Migration (Fast Track Applicant Class - Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019 [F2019L00506]
Senator McKim on 03/04/2019 To move on the next sitting day that the instrument be disallowed. The notice had not been resolved when the 45th Parliament was prorogued on 11/04/2019. The instrument will be deemed to be tabled again in the Senate on the first sitting day of the 46th Parliament, so that the disallowance period may start afresh (subsection 42(3), Legislation Act 2003).
Parliamentary Business Resource Amendment (2019 Measures No. 1) Regulations 2019 [F2019L00177]
Senator Farrell on 02/04/2019 To move on the next sitting day that item 4 of the instument be disallowed. The Senate disallowed item 4 of the instrument on 03/04/2019.
CASA 09/19 — Civil Aviation (Community Service Flights — Conditions on Flight Crew Licences) Instrument 2019 [F2019L00134]
Senator Patrick on 02/04/2019  To move on the next sitting day that the instrument be disallowed. The notice had not been resolved when the 45th Parliament was prorogued on 11/04/2019. The instrument will be deemed to be tabled again in the Senate on the first sitting day of the 46th Parliament, so that the disallowance period may start afresh (subsection 42(3), Legislation Act 2003).
Mr Katter MP on 21/02/2019  To move that the instrument be disallowed within 15 sitting days.  The notice had not been resolved when the 45th Parliament was prorogued on 11/04/2019. The instrument will be deemed to be tabled again in the House of Representatives on the first sitting day of the 46th Parliament, so that the disallowance period may start afresh (subsection 42(3), Legislation Act 2003).
Ms Sharkie MP on 18/02/2019 To move that the instrument be disallowed within 15 sitting days. The notice had not been resolved when the 45th Parliament was prorogued on 11/04/2019. The instrument will be deemed to be tabled again in the House of Representatives on the first sitting day of the 46th Parliament, so that the disallowance period may start afresh (subsection 42(3), Legislation Act 2003).
Fair Work Amendment (Casual Loading Offset) Regulations 2018 [F2018L01770]
Senator Cameron on 13/02/2019 To move on 14/02/2019 that the instrument be disallowed. Motion postponed on 14/02/2019 to 02/04/2019. Motion postponed on 02/04/2019 to 03/04/2019. Motion postponed on 03/04/2019 to the next sitting day. The notice had not been resolved when the 45th Parliament was prorogued on 11/04/2019. The instrument will be deemed to be tabled again in the Senate on the first sitting day of the 46th Parliament, so that the disallowance period may start afresh (subsection 42(3), Legislation Act 2003).
Inspector-General of the Australian Defence Force Amendment Regulations 2018 [F2018L01428]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 12/02/2019 To move 15 sitting days after 12/02/2019 that the instrument be disallowed.
Senator Williams on 13/02/2019 gave notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 14/02/2019.
Industry Research and Developemnt (Artificial Intelligence Capability Program) Instrument 2018 [F2018L01419]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 12/02/2019 To move 15 sitting days after 12/02/2019 that the instrument be disallowed.
Senator Williams on 13/02/2019 gave notice of intention to withdraw the notice of motion.
 Notice of motion withdrawn on 14/02/2019.
CASA EX111/18 - English Language Proficiency Assessments Exemption 2018 [F2018L01214]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 14/11/2018 To move 15 sitting days after 14/11/2018 that the instrument be disallowed.
Senator Williams on 13/02/2019 gave notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 14/02/2019.
CASA 66/18 - Number of Cabin Attendants (Alliance Airlines) Direction 2018 [F2018L01244]
Chair of the Regulations and Ordinances Committee (Senator Williams) on 14/11/2018 To move 15 sitting days after 14/11/2018 that the instrument be disallowed.
Senator Williams on 13/02/2019 gave notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 14/02/2019.
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