The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.D.90 Disallowable legislative instrument

Definition

A disallowable legislative instrument is a determination made by the Minister or the Secretary containing guidelines that must be taken into account in making decisions.

A disallowable legislative instrument must be notified in the Gazette and must be laid before each House of Parliament within 15 sitting days of the making of the instrument. The instrument will come into effect if:

  • no motion of disallowance has been moved within 15 sitting days in either House, or
  • such a motion has been withdrawn or defeated.

Act reference: Legislation Act 2003 section 4-'disallowable legislative instrument', section 42 Disallowance of legislative instruments

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