Footnotes
Chapter 1 - Introduction
[1] Odger's Australian Senate Practice, 13th Edition (2012), p. 416.
[2] The Legislative Instruments Act 2003 and the disallowance process are discussed in Chapter 2.
[3] The 41st Parliament was opened on 16 November 2004 and dissolved on 17 October 2007.
[4] Member from 25.11.98 to 30.06.08.
[5] Member from 13.09.05 to 01.07.11.
[6] Member from 09.02.06 to 11.02.08.
[7] Member from 01.07.02 to 01.07.05.
[8] Member from 01.07.99 to 23.03.07 (Deputy Chair from 28.11.05 to 09.12.05 and 08.02.06 to 09.02.06).
[9] Member from 01.07.02 to 01.07.05 (Deputy Chair from 23.06.05 to 30.06.05).
[10] Member from 23.03.07 to 11.02.08.
[11] Member from 18.11.02 to 07.02.06.
[12] Member from 01.07.05 to 13.09.05.
[13] Member from 14.02.02 to 30.06.05 (Chair from 11.03.02 to 30.06.05).
[14] Member from 01.07.05 to 11.02.08 (Chair from 11.08.05 to 11.02.08).
[15] Member from 01.07.05 to 12.05.10 (Chair from 19.02.08 to 12.05.10).
[16] Legislative Instruments Act 2003, sections 30, 38 and 39.
[17] Odgers' Australian Senate Practice, 13th Edition (2012), p. 424.
[18] Odgers' Australian Senate Practice, 13th Edition (2012), p. 432.
[19] As instruments may be tabled on different dates in the Senate and the House of Representatives respectively (and hence have different disallowance timeframes), there is also a House of Representatives disallowable instruments list. This list is available at https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/leginstruments.
[20] Since 2013 the monitor includes reporting on the work of the committee and details matters raised in relation to instruments tabled in the Senate and subsequently scrutinised by the committee.
[21] Ministerial correspondence is incorporated into the monitor when the committee concludes its interest in the relevant matter. Prior to 2013, the committee tabled separate volumes of ministerial correspondence.
[22] See Parliament of Australia website, 'Seminars for public servants' https://www.aph.gov.au/About_Parliament/Senate/Public_Information_and_Events/Seminars_for_public_servants.
Chapter 2 - Delegated legislation and the disallowance process
[1] FRLI may be accessed at http://www.comlaw.gov.au/.
[2] An example of this distinction is that an instrument which grants a licence applies the law whereas an instrument that sets out the criteria for the grant of a licence defines or establishes the content of the law (and hence would be a legislative instrument subject to disallowance under the LIA).
[3] Under subsection 38(3), an instrument that is not tabled in each House within six sitting days of registration ceases to have effect immediately after the sixth day.
[4] Odgers' Australian Senate Practice, 13th Edition (2012), p. 413.
[5] Financial Management and Accountability Act 1997, section 22 (this provision was preserved by Schedule 4 to the Legislative Instruments Regulations 2004).
[6] LIA, subsection 45(2).
[7] LIA, section 46.
[8] LIA, sections 46, 47 and 48. For more detail see Odgers' Australian Senate Practice, 13th Edition (2012), pp 420, 434-435.
[9] Odgers' Australian Senate Practice, 13th Edition (2012), p. 430.
Chapter 3 - Work of the committee in the 41st Parliament
[1] The 41st Parliament was opened on 16 November 2004 and dissolved on 17 October 2007.
[2] Comprising 1546 in 2001-02, 1661 in 2002-03 and 1561 in 2003-04.
[3] Details of these instruments may be found on the 'Scrutiny of disallowable instruments' webpage at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=regord_ctte/scrutinyleginst2012.htm.
[4] The 'Disallowance alert' (the alert) provides details of all notices of motion for disallowance given by the committee, as well as by individual senators and members of the House of Representatives. The alert may be accessed at https://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=regord_ctte/alert2012.htm.
[5] Subsection 42(3) of the LIA provides that any instruments subject to unresolved notices at the time the House of Representatives is dissolved or expires, or the Parliament is prorogued, are taken to have been tabled on the first sitting day following the dissolution or expiry of the House of Representatives, or proroguing of Parliament (effectively making the instrument subject to the disallowance process afresh).
[6] Legislative Instruments Bill 2003, explanatory memorandum, p. 2.
[7] See LIA, Division 3 and section 29.
[8] See Chapter 2, paragraph 2.5.
[9] The full text of instruments and explanatory statements may be accessed through the Federal Register of Legislative Instruments (FRLI) by entering the relevant FRLI number into the FRLI search field (available at www.comlaw.gov.au). The FRLI number is a unique identifier, contained in square brackets following the first citation of an instrument in this report.
[10] See for example LIA, section 5(4)
[11] Senate Regulations and Ordinances Committee, Legislative Instruments Bill 2003 [and] Legislative Instruments (Transitional Provisions and Consequential Amendments) Bill 2003 (111th Report), October 2003, p. 7.
[12] LIA, sections 17, 18 and 26 (previously LIA, section 4).
[13] LIA, section 26 (previously LIA, section 4).
[14] LIA, section 12(2) (prejudicial retrospectivity).
[15] LIA, section 14 (incorporation of extrinsic legal and non-legal sources) and section 26 (previously LIA, section 4).
[16] LIA, section 26 (previously LIA section 4). See also sections 17 and 18 regarding consultation requirements.
[17] However, subsection 12(3) of the LIA provides that the restriction on prejudicial retrospectivity may be overturned by any contrary provision in the Act under which the instrument is made.
[18] Subsection 20AB(1) provides for the imposition of alternative sentences on federal offenders in state and territory courts, where such arrangements are ordinarily available as sentencing options for state offenders.
[19] Material incorporated into instruments of delegated legislation may include, for example, technical, scientific and medical standards; policy guidelines; and legal definitions.
[20] LIA, paragraph 14(1)(a).
[21] LIA, paragraph 14(1)(b); subsection 14(2).
[22] 'Strict liability' is a standard for liability in relation to both civil penalties and criminal offences, in which a person may be found legally responsible for, or guilty of, an act or omission regardless of culpability or fault. 'Vicarious liability' is a form of strict secondary liability in which a person may be found liable for an act or omission done by another person, such as in cases where an employer may be liable for the conduct of an employee.