Disallowance Alert 2024

Download PDF

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

Therapeutic Goods (Vaping Goods—Possession and Supply) Amendment Determination 2024 [F2024L00890]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 19/9/24

To move 15 sitting days after 19/9/24 that the instrument be disallowed.

To be resolved.

Tax Agent Services (Code of Professional Conduct) Determination 2024 [F2024L00849]

Senators David Pocock  and Dean Smith on 18/9/24

To move on 8/10/24 that the instrument be disallowed.

To be resolved.

Therapeutic Goods Legislation Amendment (Vaping Reforms) Regulations 2024 [F2024L00839]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 17/9/24

To move 15 sitting days after 17/9/24 that the instrument be disallowed.

To be resolved.

Therapeutic Goods (Vaping Goods—Possession and Supply) Determination 2024 [F2024L00847]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 17/9/24

To move 15 sitting days after 17/9/24 that the instrument be disallowed.

To be resolved.

Recycling and Waste Reduction (Fees) Amendment (Export of Regulated Waste Material Fees and Other Measures) Rules 2024 [F2024L00850]

Senator Cadell on 16/9/24

To move on 9/10/24 that the instrument be disallowed.

To be resolved.

Online Safety (Relevant Electronic Services—Class 1A and Class 1B Material) Industry Standard 2024 [F2024L00711]

Senator Darmanin, on behalf of the Parliamentary Joint Committee on Human Rights, on 22/8/24

To move 15 sitting days after 22/8/24 that the instrument be disallowed.

To be resolved.

Online Safety (Designated Internet Services—Class 1A and Class 1B Material) Industry Standard 2024 [F2024L00710]

Senator Darmanin, on behalf of the Parliamentary Joint Committee on Human Rights, on 22/8/24

To move 15 sitting days after 22/8/24 that the instrument be disallowed.

To be resolved.

Aboriginal and Torres Strait Islander Heritage Protection (Kings Plains) Declaration 2024 [F2024L00999]

Senator Duniam on 20/8/24

To move on 21/8/24 that the instrument be disallowed.
Motion postponed on 21/8/24 to 9/9/24.

The motion was moved and debated on 9/9/24.
The motion was further considered on 10/9/24.
The instrument was not disallowed.

Work Health and Safety (Operation Sovereign Borders) Declaration 2024 [F2024L00425]

Senator Shoebridge on 19/8/24

To move on 21/8/24 that the instrument be disallowed.

The motion was moved on 9/9/24.
The instrument was not disallowed.

Recycling and Waste Reduction (Export—Waste Paper and Cardboard) Rules 2024 [F2024L00491]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 19/8/24

To move 15 sitting days after 19/8/24 that the instrument be disallowed.
On 18/9/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 19/9/24.

Tax Agent Services (Code of Professional Conduct) Determination 2024 [F2024L00849]

Senator Dean Smith on 14/8/24

To move on 10/9/24 that the instrument be disallowed.

The motion was moved on 10/9/24.
The instrument was not disallowed.

Jervis Bay Territory Rural Fires Rules 2024 [F2024L00347]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 12/8/24

To move 15 sitting days after 12/8/24 that the instrument be disallowed.
On 14/8/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 15/8/24.

Migration Amendment (Visa Application Charges) Regulations 2024 [F2024L00790]

Senator Shoebridge on 4/7/24

To move on 12/8/24 that the instrument be disallowed.
Motion postponed on 12/8/24 to 14/8/24.

The motion was moved on 14/8/24.
The instrument was not disallowed.

Migration Amendment (Graduate Visas) Regulations 2024 [F2024L00748]

Senators Faruqi and Shoebridge on 2/7/24

To move on 3/7/24 that the instrument be disallowed.

The motion was moved on 3/7/24.
The instrument was not disallowed.

Biosecurity (Electronic Decisions) Determination 2023 [F2023L01672]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 15/5/24

To move 15 sitting days after 15/5/24 that the instrument be disallowed.
On 3/7/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 4/7/24.

Migration Amendment (Bridging Visa Conditions) Regulations 2023 [F2023L01629]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 15/5/24

To move 15 sitting days after 15/5/24 that the instrument be disallowed.
On 26/6/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/6/24.

Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2023 [F2023L01551]

Chair of the Scrutiny of Delegated Legislation Committee (Senator O’Neill) on 19/3/24

To move 15 sitting days after 19/3/24 that the instrument be disallowed.
On 26/6/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 27/6/24.

Migration Amendment (Biosecurity Contravention) Regulations 2023 [F2023L01443]

Deputy Chair of the Scrutiny of Delegated Legislation Committee (Senator Reynolds) on 5/12/23

To move 15 sitting days after 5/12/23 that the instrument be disallowed.
On 20/3/24 Senator O’Neill gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 21/3/24.

Financial Framework (Supplementary Powers) Amendment (Attorney-General’s Portfolio Measures No. 1) Regulations 2023 [F2023L01417]

Deputy Chair of the Scrutiny of Delegated Legislation Committee (Senator Reynolds) on 5/12/23

To move 15 sitting days after 5/12/23 that the instrument be disallowed.
On 28/2/24 Senator Reynolds gave notice of intention to withdraw the notice of motion.

Notice of motion withdrawn on 29/2/24.

Social Security (Administration) (Declared Child Protection State – New South Wales, Queensland, South Australia and Victoria) Determination 2023 [F2023L01274], Social Security (Administration) (Recognised State or Territory ­– Northern Territory) Determination 2023 [F2023L01273] and Social Security (Administration) (Specified Income Management Territory – Northern Territory) Instrument 2023 [F2023L01269]

Senator Rice on 17/11/23

To move 13 sitting days after 17/11/23 that the instruments be disallowed.
Motion postponed on 26/2/24 to 28/2/24.

The motion was moved on 28/2/24.
The instruments were not disallowed.