Footnotes


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]        Appointed 01.07.11 (elected Chair on 07.07.11).

[4]        Appointed 16.03.12 (appointed Deputy Chair on 22.03.12).

[5]        Committee member from 01.07.02 to 01.07.05; and appointed on 14.02.08.

[6]        Appointed 21.06.12.

[7]        Appointed 18.11.10.

[8]        Appointed 07.02.13.

[9]        Committee member from 13.09.05 to 01.07.11.

[10]      Committee member from 02.02.10 to 07.02.13.

[11]      Committee member from 13.02.08 to 27.09.10.

[12]      Committee member from 13.02.08 to 16.03.12.

[13]      Committee member from 30.09.10 to 01.07.11 (Chair from 30.09.10 to 01.07.11).

[14]      LIA, sections 30, 38 and 39.

[15]      Odgers' Australian Senate Practice, 13th Edition, (2012), p. 424.

[16]      Odgers' Australian Senate Practice, 13th Edition (2012), p. 432.

[17]      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.

[18]      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.

[19]      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.

[20]      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 2010-11

[1]        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.

[2]        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.

[3]        LIA, section 26 (previously LIA, section 4).

[4]        LIA, section 12(2).

[5]        LIA, sections 14 and 26 (previously LIA, section 4)

[6]        LIA, section 26 (previously LIA section 4). See also sections 17 and 18 regarding consultation requirements.

[7]        Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 [F2011L00932]; Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 [F2011L00969]; and Export Control (Protection of Animal Welfare) Order 2011 [F2011L00930].

[8]        Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011 [F2011L00581].

[9]        For example, the Classification (Publications, Films and Computer Games) Act 1995 and the Criminal Code Act 1995.