Most Commonwealth rules are not made by Parliament directly. Ministers and agencies make them under powers an Act gives them, and Parliament keeps a check on them through tabling and disallowance. This guide explains the rules in the Legislation Act 2003 and where to look up the dates.
What is a legislative instrument?
A legislative instrument is a detailed law made under a power that Parliament has delegated, such as a regulation, rule or determination. The Federal Register of Legislation says all legislative instruments must be registered, and that it holds authorised versions of those made since 2005. Section 8 of the Legislation Act 2003 sets out when an instrument counts as a legislative instrument, including where an Act says something may be done by legislative instrument.
They make up much of the statute book. In a 2023 background paper, the Australian Law Reform Commission (ALRC) estimated that about 31,000 legislative instruments were in force in 2021, and said delegated legislation made up over half of the Commonwealth statute book.
What does disallowable mean?
A disallowable instrument is one that Parliament can cancel. Under section 42 of the Act, either house can pass a resolution disallowing a legislative instrument, or a provision of one. The Federal Register's glossary says all new legislative instruments are subject to disallowance unless they have been granted an exemption.
Notifiable instruments are a separate category. The Register's glossary says they can't be disallowed and don't sunset. Commencement instruments, which only bring other laws into force, have been registered as notifiable instruments since March 2016.
How does tabling work?
Tabling means formally presenting a document to a house of Parliament. After a legislative instrument is registered, the Office of Parliamentary Counsel arranges for a copy to be laid before each house within 6 sitting days (section 38). An instrument that isn't tabled on time is repealed immediately after the last day it could have been tabled. Explanatory statements are tabled too (section 39).
What are the disallowance time limits?
Section 42 sets two periods. Both are counted in sitting days of the house concerned, not calendar days.
- A notice of motion to disallow must be given within 15 sitting days after the instrument is tabled in that house.
- The house then has a further 15 sitting days after the notice to pass a resolution disallowing the instrument. If it does, the instrument or provision is repealed immediately after the resolution.
- If the notice hasn't been withdrawn and the motion hasn't been called on, or has been moved but not withdrawn or otherwise dealt with, by the end of those further 15 sitting days, the instrument is taken to be disallowed.
Any senator or member can give notice of a disallowance motion, according to the ALRC. Because the periods run on sitting days, the calendar time they take depends on the sitting calendar.
If the House of Representatives is dissolved or expires, or Parliament is prorogued, while a notice is pending, the instrument is treated as tabled again on the first sitting day afterwards, and the periods start again (section 42(3)). An instrument commences at the start of the day after registration unless it says otherwise (section 12), so it can be in force while it is still open to disallowance.
What happens when an instrument is disallowed?
A disallowed instrument is repealed. If it had repealed an earlier law, that earlier law revives, unless sunsetting would have repealed it in the meantime (section 45).
The rule-maker generally can't make an instrument that is the same in substance within 6 months, unless the house that received the notice of motion approves by resolution, and an instrument made in breach has no effect (section 48). An instrument that is the same in substance also can't be made between the original's registration and 7 days after it is tabled in both houses (section 46), or while a notice to disallow it is pending (section 47).
Which instruments can't be disallowed?
Section 44 lists exemptions. Disallowance doesn't apply where the enabling legislation (other than the Corporations Act 2001) sets up or runs an intergovernmental body or scheme involving the Commonwealth and one or more states or territories and authorises the instrument to be made by that body or for that scheme. It also doesn't apply where an Act says so, or where a regulation prescribes the instrument. The intergovernmental exemption doesn't cover regulations.
The Legislation (Exemptions and Other Matters) Regulation 2015 lists exempt classes. In its compilation of 22 January 2026, section 9 covers instruments that don't commence unless a house approves them, directions by a minister to a person or body, instruments about superannuation (other than regulations) and instruments made under an annual Appropriation Act. A longer table in section 10 names particular instruments.
Exempt instruments are still legislative instruments and are still tabled. According to the ALRC, a 2021 change to Senate Standing Order 23 lets the Senate's scrutiny committee consider whether an exemption from disallowance is appropriate.
What does the Senate scrutiny committee do?
The Senate Standing Committee for the Scrutiny of Delegated Legislation reviews legislative instruments tabled in the Senate. It was established in 1932 as the Regulations and Ordinances committee and renamed in 2019. It has six senators, supported by a secretariat and a legal adviser who review each disallowable instrument against the committee's scrutiny principles, according to the ALRC.
The principles in Senate Standing Order 23 include whether an instrument complies with its enabling Act, is constitutionally valid, was adequately consulted on, is clearly drafted and unduly trespasses on personal rights and liberties. The ALRC describes them as technical principles, and says the committee avoids assessing an instrument's policy merits.
If a concern can't be resolved through correspondence with the responsible minister, the committee may report to Parliament or, through its chair, give notice of a motion to disallow. It publishes its correspondence and reports in the Delegated Legislation Monitor on the Parliament of Australia website.
What is sunsetting?
Sunsetting is a separate time limit. Most legislative instruments are repealed on the first 1 April or 1 October on or after the tenth anniversary of their registration (section 50), unless an exemption applies (section 54). The Attorney-General can defer a sunsetting date by certificate (section 51), and a house can resolve that an instrument should stay in force (section 53). The Act also requires the Attorney-General to appoint a body to review the sunsetting provisions between 1 January and 31 March 2027, and the body must report before 1 October 2027 (section 60).
Where do you find instruments and their disallowance dates?
The Federal Register of Legislation (opens in a new tab) holds registered Acts, legislative instruments and notifiable instruments. The First Parliamentary Counsel maintains it under section 15A of the Act. Each instrument has its own page. The page for the Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025 (opens in a new tab) (since repealed), for example, shows its registration date and status, that it was subject to disallowance under section 42, the dates it was tabled in each house and a period labelled open for disallowance for each house.
Because the periods run on sitting days, tracking them takes more than counting calendar days. We Policy Advisor (opens in a new tab) is an Australian policy and regulatory monitoring service from We. Communications that collects legislation and regulations from official sources and links each item to its official source.
Currency check, 20 and 21 October 2026: the Federal Register showed Compilation No. 39 (24 February 2019) as the latest compilation of the Legislation Act 2003, including amendments up to Act No. 130 of 2018. Check the Register for the current text. This article is based on content from the Federal Register of Legislation at 20 October 2026. For the latest information on Australian Government legislation please go to https://www.legislation.gov.au.
This article is general information, not legal advice. Check the official sources listed below before you rely on it.
Questions
How many days does Parliament have to disallow an instrument?
The Legislation Act 2003 gives 15 sitting days after tabling to give notice of a disallowance motion, then a further 15 sitting days after the notice for the house to resolve it. These are sitting days of the house concerned, not calendar days.
What is the difference between an Act and a legislative instrument?
An Act is a law passed by both houses of Parliament and given Royal Assent. A legislative instrument is a detailed law made under a power that Parliament has delegated, usually by an Act, and usually by a minister or agency. It must be registered and tabled in Parliament, and most can be disallowed.
Can the same rule be made again after disallowance?
Generally not for 6 months, unless the house that received the notice of motion approves. An instrument made in breach of that rule has no effect (Legislation Act 2003, section 48).
Which legislative instruments can't be disallowed?
Those exempted by section 44 of the Legislation Act 2003: certain intergovernmental scheme instruments, instruments an Act exempts, and instruments prescribed by regulation, including the classes in the Legislation (Exemptions and Other Matters) Regulation 2015. Notifiable instruments are a separate category that can't be disallowed.
Where can I check whether an instrument is open for disallowance?
On the instrument's page on the Federal Register of Legislation, which shows whether it is subject to disallowance, when it was tabled in each house and the period it is open for disallowance.
Sources
- Legislation Act 2003 (Compilation No. 39, 24 February 2019) (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Legislation Act 2003: all versions (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Legislation (Exemptions and Other Matters) Regulation 2015 (Compilation No. 24, 22 January 2026) (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025: details (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Glossary (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Terms of use (opens in a new tab), Federal Register of Legislation, Office of Parliamentary Counsel. Read on 20 Oct 2026.
- Background Paper FSL8: Post-Legislative Scrutiny (May 2023) (opens in a new tab), Australian Law Reform Commission. Read on 20 Oct 2026.
AI-generated summaries. Verify against the official source. Not legal advice.