Disallowance Alert 2020


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
Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 [F2020L01416]
Senator Griff on 01/12/2020 To move on 08/12/2020 that the instrument be disallowed.
To be resolved.
ASIC Corporations (Litigation Funding Schemes) Instrument 2020/787 [F2020L01045]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 01/12/2020
To move 15 sitting days after 01/12/2020 that the instrument be disallowed. To be resolved. 
ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 [F2020L00962]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/2020
To move 15 sitting days after 30/11/2020 that the instrument be disallowed.
To be resolved. 
Australian Prudential Regulation Authority (confidentiality) determination No.1 of 2020 [F2020L00945]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/2020 To move 15 sitting days after 30/11/2020 that the instrument be disallowed.
To be resolved. 
Continence Aids Payment Scheme 2020 [F2020L00758]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/2020
To move 15 sitting days after 30/11/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 02/12/2020 gave notice of intention to withdraw the notice of motion.
To be resolved. 
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 30/11/2020
To move 15 sitting days after 30/11/2020 that the instrument be disallowed.
To be resolved. 
Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 [F2020L01031]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 30/11/2020
To move 15 sitting days after 30/11/2020 that the instrument be disallowed.
To be resolved. 
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 30/11/2020
To move 15 sitting days after 30/11/2020 that the instrument be disallowed.
To be resolved. 
Industry Research and Development (Forestry Recovery Development Fund Program) Instrument 2020 [F2020L01081]
Senator Rice on 30/11/2020 To move on 08/12/2020 that the instrument be disallowed.  To be resolved. 
Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 [F2020L00702]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 10/11/2020 To move 15 sitting days after 10/11/2020 that the instrument be disallowed. To be resolved.
Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020 [F2020L01093]
Senator Dodson on 06/10/2020 To move on the next day of sitting that Part 1 of Schedule 2 to the instrument be disallowed. Motion postponed on 07/10/2020 to 09/11/2020. The Senate debated the motion on 09/11/2020. The instrument was not disallowed.
Senator Siewert on 06/10/2020

To move on the next day of sitting that items 1 to 3 of Schedule 1 and item 4 of Schedule 2 to the instrument be disallowed.

The Senate considered the motion on 07/10/2020. Items 1 to 3 of Schedule 1 and item 6 of Schedule 2 to the instrument were not disallowed.
Senator Siewert on 06/10/2020

To move on the next day of sitting that Part 1 of Schedule 2 to the instrument be disallowed.

The Senate considered the motion on 07/10/2020. Part 1 of Schedule 2 to the instrument was not disallowed.
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 8) 2020 [F2020L01165]
Senator Waters on 07/10/2020 To move on the next day of sitting that Part 3 of Schedule 1 to the instrument be disallowed. Motion postponed on 08/10/2020 to 09/11/2020. Motion postponed on 09/11/2020 to 30/11/2020. The Senate considered the motion on 30/11/2020. Part 3 of Schedule 1 to the instrument was not disallowed.
Senator Faruqi on 06/10/2020 To move on 07/10/2020 that Part 3 of Schedule 1 to the instrument be disallowed. The Senate debated the motion on 07/10/2020. Part 3 of Schedule 1 to the instrument was not disallowed.
Coronavirus Economic Response Package (Deferral of Sunsetting—Income Management and Cashless Welfare Arrangements) Determination 2020 [F2020L00572]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 31/08/2020 To move 3 sitting days after 31/08/2020 that the instrument be disallowed. Motion postponed on 01/09/2020 to 08/10/2020. Motion postponed on 07/10/2020 to 12/11/2020. Motion postponed on 11/11/2020 to 07/12/2020. Senator Fierravanti-Wells on 02/12/2020 gave notice of intention to withdraw the notice of motion. To be resolved.
Foreign Acquisitions and Takeovers Amendment (Threshold Test) Regulations 2020 [F2020L00435]
 
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 01/09/2020 To move 15 sitting days after 01/09/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 11/11/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 12/11/2020.
ASIC Corporations (Foreign Financial Services Providers–Foreign AFS Licensees) Instrument 2020/198 [F2020L00237]
ASIC Corporations (Foreign Financial Services Providers–Funds Management Financial Services) Instrument 2020/199 [F2020L00238]

Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 27/08/2020 To move 15 sitting days after 27/08/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 07/10/2020 gave notice of intention to withdraw the notices of motion. Notices of motion withdrawn on 08/10/2020.
Corporations Amendment (Litigation Funding) Regulations 2020 [F2020L00942]
Senator O'Neill on 26/08/2020 To move on 31/08/2020 that the instrument be disallowed. Motion postponed on 31/08/2020 to 02/09/2020. Motion postponed on 01/09/2020 to 03/09/2020. Motion postponed on 03/09/2020 to 06/10/2020. Motion postponed on 06/10/2020 to 08/10/2020. Motion postponed on 07/10/2020 to 10/11/2020. Motion postponed on 10/11/2020 to 12/11/2020. Motion postponed on 12/11/2020 to 30/11/2020. Motion postponed on 30/11/2020 to 01/12/2020. Motion postponed on 01/12/2020 to 02/12/2020. The Senate debated the motion on 02/12/2020. The instrument was not disallowed.
Industry Research and Development (Bankable Feasibility Study on High-Efficiency Low-Emissions Coal Plant in Collinsville Program) Instrument 2020 [F2020L00772]
Senator Waters on 30/11/2020 To move on the 5th day of sitting in 2021 that the instrument be disallowed.  To be resolved. 
Senator Waters on 27/08/2020 To move on the next day of sitting that the instrument be disallowed. Motion postponed on 31/08/2020 to 10/11/2020. Motion postponed on 09/11/2020 to 01/12/2020. Senator Waters on 30/11/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 01/12/2020.
Senators McAllister and Waters on 25/08/2020 To move on the next day of sitting that the instrument be disallowed. The Senate debated the motion on 26/08/2020, 27/08/2020 and 31/08/2020. The instrument was not disallowed.
Mr Butler MP on 25/08/2020 To move that the instrument be disallowed. The House debated the motion on 27/10/2020. The instrument was not disallowed.
Defence Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00120]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 18/06/2020
To move 15 sitting days after 18/06/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 27/08/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 31/08/2020.
Australian Postal Corporation (Performance Standards) Amendment (2020 Measures No. 1) Regulations 2020 [F2020L00579]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 06/10/2020 To move 15 sitting days after 06/10/2020 that the instrument be disallowed. To be resolved.
Mr Husic MP on 02/09/2020 To move that the instrument be disallowed. The House debated the motion on 10/11/2020. The instrument was not disallowed.
Mr Albanese MP on 11/06/2020 To move that the instrument be disallowed. Notice of motion moved on 02/09/2020. The House agreed to a motion that the member be no longer heard. As the motion was not seconded, the motion lapsed.
Senators Kitching and Carr on 10/06/2020 To move on 16/06/2020 that the instrument be disallowed. Motion postponed on 16/06/2020 to 24/08/2020.  The Senate debated the motion on 24/08/2020.  The instrument was not disallowed.
Senator Hanson-Young on 10/06/2020 To move on the next day of sitting that the instrument be disallowed. Motion postponed on 11/06/2020 to 12/06/2020. Motion postponed on 12/06/2020 to 15/06/2020. Motion postponed on 15/06/2020 to 16/06/2020. Motion postponed on 16/06/2020 to 24/08/2020. Senator Hanson-Young on 24/08/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 25/08/2020.
Industry Research and Development (Water for Fodder Program) Instrument 2019 [F2019L01591]
Senator Hanson-Young on 14/05/2020 To move on the next day of sitting that the instrument be disallowed. Motion postponed on 10/06/2020 to 18/06/2020. Motion postponed on 18/06/2020 to 24/08/2020. Motion postponed on 24/08/2020 to 31/08/2020. Motion postponed on 31/08/2020 to 01/09/2020. The Senate debated the motion on 01/09/2020. The instrument was not disallowed.
Higher Education Provider Amendment (Tuition Protection and Other Measures) Guidelines 2019 [F2019L01699]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 14/05/2020 To move 15 sitting days after 14/05/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 27/08/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 31/08/2020.
Competition and Consumer (Industry Codes—Dairy) Regulations 2019 [F2019L01610]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 14/05/2020 To move 15 sitting days after 14/05/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 01/09/2020 gave notice of intention to withdraw the notice of motion.   Notice of motion withdrawn on 02/09/2020.
Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 [F2020L00432]
Senators Farrell, Green, Bilyk, Wong, Walsh, Sheldon, Carr, Ayers, Chisholm, Pratt, O'Neill, Polley, Keneally, McAllister, Urquhart, Gallacher, Lines, Brown, Ciccone, Watt, Kitching, McCarthy, Sterle, Smith, Dodson, Gallagher, Lambie, Faruqi and Siewert on 13/05/2020 To move on the next day of sitting that the instrument be disallowed.  The Senate debated the motion on 14/05/2020.  The instrument was not disallowed.
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2019 [F2019L01564]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 13/05/2020 To move 15 sitting days after 13/05/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 10/06/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 11/06/2020.
Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 2) 2020 [F2020L00546]
Senator Sheldon on 12/05/2020 To move that on the next day of sitting that items 4 to 7 of Schedule 1 of the instrument be disallowed. Motion postponed on 13/05/2020 to 14/05/2020. The motion was not considered on 14/05/2020 and will be carried over to the next day of sitting (10/06/2020). Motion postponed on 10/06/2020 to 17/06/2020. The Senate debated the motion on 17/06/2020.  The instrument was not disallowed.
Senator Faruqi on 12/05/2020
To move that on the next day of sitting that items 5 to 7 of Schedule 1 of the instrument be disallowed. Motion postponed on 13/05/2020 to 14/05/2020. Motion postponed on 14/05/2020 to 10/06/2020. 
The Senate debated the motion on 10/06/2020.  The instrument was not disallowed.
National Health (Take Home Naloxone Pilot) Special Arrangement 2019 [F2019L01542]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 12/05/2020 To move 15 sitting days after 12/05/2020 that the instrument be disallowed. Senator Fierravanti-Wells on 27/08/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 31/08/2020.
Jervis Bay Territory Rural Fires Amendment (Miscellaneous Measures) Rules 2019 [F2019L01494]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 25/02/2020 To move 15 sitting days after 25/02/2020 that the instrument be disallowed.  Senator Fierravanti-Wells on 26/02/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 27/02/2020.
Aviation Transport Security Amendment (Security Controlled Airports) Regulations 2019 [F2019L01656]
Senator Patrick on 04/02/2020 To move on the next day of sitting that the instrument be disallowed. Motion postponed on 05/02/2020 to 12/05/2020. Motion postponed on 12/05/2020 to 13/05/2020. The Senate debated the motion on 13/05/2020.  The instrument was not disallowed.
Taxation Administration (Private Ancillary Fund) Guidelines 2019 [F2019L01227]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 05/12/2019 To move 15 sitting days after 05/12/2019 that the instrument be disallowed.  Senator Fierravanti-Wells on 08/04/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 12/05/2020.
Broadcasting Services (Transmitter Access) Regulations 2019 [F2019L01248]
Chair of the Scrutiny of Delegated Legislation Committee (Senator Fierravanti-Wells) on 05/12/2019 To move 15 sitting days after 05/12/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 12/02/2020 gave notice of intention to withdraw the notice of motion.   Notice of motion withdrawn on 13/02/2020.
Financial Sector (Collection of Data) (reporting standard) determination No. 30 of 2019 [F2019L01196]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 03/12/2019 To move 15 sitting days after 03/12/2019 that the instrument be disallowed.  Senator Fierravanti-Wells on 26/02/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 27/02/2020.
Telecommunications (Protecting Australians from Terrorist or Violent Criminal Material) Direction (No. 1) 2019 [F2019L01159]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 27/11/2019 To move 15 sitting days after 27/11/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 05/02/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 06/02/2020.
Marine Order 47 (Offshore industry units) 2019 [F2019L01324]
Senator Brown on 26/11/2019 To move on 04/12/2019 that the instrument be disallowed. Motion postponed on 04/12/2019 to 04/02/2020.  Senator Brown on 05/02/2020 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 06/02/2020.
CASA EX101/19 — Helicopter Aerial Application Endorsements Exemption 2019 [F2019L01132]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 14/11/2019 To move 15 sitting days after 14/11/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 12/02/2020 gave notice of intention to withdraw the notice of motion.   Notice of motion withdrawn on 13/02/2020.

About this committee

The Senate Standing Committee for the Scrutiny of Delegated Legislation assesses delegated legislation against a set of scrutiny principles that focus on compliance with statutory requirements, the protection of individual rights and liberties, and principles of parliamentary oversight.

Track Committee

Committee Secretariat contact:

Committee Secretary
Senate Scrutiny of Delegated Legislation Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 62773066
Fax: +61 2 62775881
sdlc.sen@aph.gov.au