Disallowance Alert 2019

Disallowance Alert 2021

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  • if a notice of motion to disallow the instrument has not been resolved or withdrawn within 15 sitting days after having been given, the instrument is deemed to have been disallowed and it ceases to have effect; and
  • disallowance has the effect of repealing the instrument – if the instrument repealed all or part of an earlier instrument then disallowance also has the effect of reviving that part of the earlier instrument.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
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.
To be resolved.
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.
To be resolved.
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.
 To be resolved.
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. To be resolved. 
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.
To be resolved.
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. To be resolved.
Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction 2019  [F2019L00650] 
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 16/09/2019 To move 15 sitting days after 16/09/2019 that the instrument be disallowed. Senator Carr as Acting Chair of the Regulations and Ordinances Committee on 18/09/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 19/09/2019.
Migration Amendment (New Skilled Regional Visas) Regulations 2019 [F2019L00578]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 16/09/2019 To move 15 sitting days after 16/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 16/10/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 17/10/2019.

Health Insurance (Diagnostic Imaging Services Table) Regulations 2019 [F2019L00563]

Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 16/09/2019 To move 15 sitting days after 16/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 16/10/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 17/10/2019.
Road Vehicle Standards Rules 2018 [F2019L00198]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 11/09/2019 To move 15 sitting days after 11/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 13/11/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 14/11/2019. 
Customs (Prohibited Imports) Amendment (Collecting Tobacco Duties) Regulations 2019 [F2019L00352]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 11/09/2019 To move 15 sitting days after 11/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 16/10/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 17/10/2019.
Air Services Regulations 2019 [F2019L00371]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 11/09/2019 To move 15 sitting days after 11/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 13/11/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 14/11/2019.
Agriculture and Veterinary Chemicals Legislation Amendment (Timeshift Applications and Other Measures) Regulations 2019 [F2019L00357]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 11/09/2019 To move 15 sitting days after 11/09/2019 that the instrument be disallowed. Senator Fierravanti-Wells on 16/10/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 17/10/2019.
Australian Education Amendment (2019 Measures No. 1) Regulations 2019 [F2019L00558]
Senator Faruqi on 09/09/2019 To move on 16/09/2019 that the instrument be disallowed. The Senate debated the motion on 16/09/2019. The instrument was not disallowed.
Quality of Care Amendment (Minimising Use of Restraints) Principles 2019 [F2019L00511]
Senators Siewert and McKim on 09/09/2019 To move on 17/09/2019 that the instrument be disallowed. Motion postponed on 16/09/2019 to 16/10/2019. Motion postponed on 14/10/2019 to 12/11/2019. Motion postponed on 12/11/2019 to 13/11/2019. On 11/11/2019, Senator Ruston gave notice that the motion would be called on for debate by no later than 3.30 pm on 14/11/2019, and the question put by 4 pm if consideration has not concluded by then. Senator Siewert on 13/11/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 14/11/2019.
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 16/09/2019 To move 15 sitting days after 16/09/2019 that the instrument be disallowed. On 25/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 28/11/2019, and the question put by 4 pm if consideration has not concluded by then. Senator Fierravanti-Wells on 27/11/2019 gave notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 28/11/2019.
Member of the Parliamentary Joint Committee on Human Rights (Senator McKim) on 16/09/2019 To move 15 sitting days after 16/09/2019 that the instrument be disallowed. On 25/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 28/11/2019, and the question put by 4 pm if consideration has not concluded by then. Senator McKim on 27/11/2019 gave notice of intention to withdraw the notice of motion.
Notice of motion withdrawn on 28/11/2019.

Gene Technology Amendment (2019 Measures No. 1) Regulations 2019 [F2019L00573]
Senator Rice on 01/08/2019 To move on 17/09/2019 that the instrument be disallowed. Motion postponed on 13/09/2019 to 13/11/2019. On 11/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 13/11/2019, and the question put by 4 pm if consideration has not concluded by then. The Senate debated the motion on 13/11/2019. The instrument was not disallowed.
Water Amendment (Murray Darling Basin Agreement—Basin Salinity Management) Regulations 2018 [F2018L01674]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 01/08/2019 To move 15 sitting days after 01/08/2019 that the instrument be disallowed. Senator Carr as Acting Chair of the Regulations and Ordinances Committee on 18/09/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 19/09/2019.
Underwater Cultural Heritage Rules 2018 [F2019L00096]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 01/08/2019 To move 15 sitting days after 01/08/2019 that the instrument be disallowed. Senator Carr as Acting Chair of the Regulations and Ordinances Committee on 18/09/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 19/09/2019.
 Immigration (Guardianship of Children) Regulations 2018 [F2018L01708]
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 01/08/2019 To move 15 sitting days after 01/08/2019 that the instrument be disallowed. On 11/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 13/11/2019, and that the question be put by 4.30 pm if consideration has not concluded by then. Senator Fierravanti-Wells on 12/11/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 13/11/2019.
ASIC Corporations (Approval of Banking Code of Practice) Instrument 2019/663 [F2019L00878]
Senator Roberts on 31/07/2019 To move four sitting days after 31/07/2019 that the instrument be disallowed. Motion postponed on 11/09/2019 to 16/10/2019. Motion postponed on 15/10/2019 to 12/11/2019. On 11/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 12/11/2019, and the question put by 6.30 pm if consideration has not concluded by then. The Senate debated the motion on 12/11/2019. The instrument was not disallowed.
ASIC Corporations (Banking Code of Practice - Revocation of 2018 Approval) Instrument 2019/662 [F2019L00877]
Senator Roberts on 31/07/2019 To move four sitting days after 31/07/2019 that the instrument be disallowed. Motion postponed on 11/09/2019 to 16/10/2019. Motion postponed on 15/10/2019 to 12/11/2019. On 11/11/2019, Senator Ruston gave notice that on the next sitting day she would move a motion to provide that the disallowance motion be called on for debate on 12/11/2019, and the question put by 6.30 pm if consideration has not concluded by then. The Senate debated the motion on 12/11/2019. The instrument was not disallowed.
CASA 13/19 — Civil Aviation (Community Service Flights - Conditions on Flight Crew Licences) Amendment Instrument 2019 [F2019L00554]
Senator Patrick on 22/07/2019 To move 15 sitting days after 22/07/2019 that the instrument be disallowed. Senator Patrick on 17/09/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 18/09/2019.
Migration (Fast Track Applicant Class - Temporary Protection and Safe Haven Enterprise Visas) Instrument 2019 [F2019L00506]
Senator McKim on 12/09/2019 To move on 18/09/2019 that the instrument be disallowed.  Motion postponed on 18/09/2019 to 16/10/2019. Motion postponed on 17/09/2019 to the next sitting day. The Senate debated the motion on 11/11/2019. The instrument was not disallowed.
Chair of the Regulations and Ordinances Committee (Senator Fierravanti-Wells) on 12/09/2019 To move 15 sitting days after 12/09/2019 that the instrument be disallowed. Senator Carr as Acting Chair of the Regulations and Ordinances Committee on 18/09/2019 gave notice of intention to withdraw the notice of motion. Notice of motion withdrawn on 19/09/2019. The instrument was not disallowed.
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 29/07/2019 To move 11 sitting days after 29/07/2019 that the instrument be disallowed. Motion postponed on 18/09/2019 to 16/10/2019. Motion postponed on 16/10/2019 to the next sitting day. On 16/10/2019, Senator Ruston gave notice that the motion would be called on for debate by no later than 3.30 pm on 17/10/2019, and the question put by 4.00 pm if consideration has not concluded by then. The Senate debated the motion on 17/10/2019. The instrument was not disallowed.
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 Farrell on 11/09/2019 To move on 16/09/2019 that the instrument be disallowed. The Senate debated the motion on 16/09/2019. The Senate debated the motion on 16/09/2019. The instrument was not disallowed.
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.