However, a retired public servant, Ewart Smith, noticed a flaw in the drafting of the legislation that nobody on either side had previously noticed. Even if the bill had been passed in the joint sitting, certain regulations necessary for the functioning of the system could be overturned by the Senate alone. Specifically, the bill contained clauses that imposed penalties on businesses that failed to require a person to produce their Australia Card, or authorised the freezing of bank account and social security payments for those who did not produce one. These clauses were deemed to come into effect on "the first relevant day", and that in turn was determined by a regulation made under the Act. However, new regulations can be disallowed by either House (the Senate or House of Representatives) unilaterally, and Senate disallowance cannot be bypassed via a joint sitting. Therefore, even if the bill finally passed, the Coalition could still effectively prevent it from ever being implemented by using its numbers in the Senate to defeat the required regulation. Smith conveyed these details in letters to newspapers; John Stone, recently elected as a National Party senator for Queensland, read the letters and contacted Smith to confirm the details. Stone then told his Opposition colleagues, who were able to embarrass the government on 23 September by asking questions in Parliament that revealed they were not aware of this technicality.