Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024

Administered by Attorney-General's Department

Legislation au F2024L01133 In force Legislative Instrument

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Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024

made under paragraph 51(1)(c) of the

Legislation Act 2003

Compilation No. 1

Compilation date: 19 September 2025

Includes amendments up to: F2025L01124

About this compilation

This compilation

This is a compilation of the Legislation (Deferral of Sunsetting —Aged Care Instruments) Certificate 2024 that shows the text of the law as amended and in force on 19 September 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Deferral of sunsetting

5 Repeal of this instrument

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024.

3  Authority

  This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Deferral of sunsetting

  The following instruments, for which the sunsetting day is 1 October 2024, are repealed by section 51 of the Legislation Act 2003 on 1 October 2026:

  1.     Accountability Principles 2014;
  2.     Aged Care (Subsidy, Fees and Payments) Determination 2014;
  3.     Aged Care (Transitional Provisions) Principles 2014;
  4.     Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014;
  5.     Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014;
  6.      Allocation Principles 2014;
  7.     Approval of Care Recipients Principles 2014;
  8.     Classification Principles 2014;
  9.      Extra Service Principles 2014;
  10.      Fees and Payments Principles 2014 (No. 2);
  11.     Grant Principles 2014;
  12.      Information Principles 2014;
  13. Quality of Care Principles 2014;
  14.     Records Principles 2014;
  15.     Subsidy Principles 2014;
  16.     User Rights Principles 2014.

5  Repeal of this instrument

  This instrument is repealed at the start of 2 October 2026.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024

12 Sept 2024 (F2024L01133)

13 Sept 2024 (s 2(1) item 1)

 

Legislation (Deferral of Sunsetting—Aged Care Instruments) Amendment Certificate 2025

18 Sept 2025 (F2025L01124)

19 Sept 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2025L01124

s 5.....................

am F2025L01124

 

Overview

The Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024, made under paragraph 51(1)(c) of the Legislation Act 2003, was introduced to address the impending sunsetting of various aged care instruments scheduled to expire on 1 October 2024. This legislative instrument defers the sunsetting of these aged care instruments by two years, until 1 October 2026. The enactment by the Parliament of Australia aims to provide additional time to review, revise, and potentially replace these instruments, ensuring that aged care regulations remain effective and up-to-date. The policy objective is to maintain consistent and reliable standards of care for aged care recipients while allowing sufficient time for comprehensive legislative reform. The Certificate repeals several aged care instruments, including the Accountability Principles 2014, Aged Care (Subsidy, Fees and Payments) Determination 2014, and others, by section 51 of the Legislation Act 2003 on 1 October 2026. This deferral allows for a thorough evaluation of the current legislative framework, enabling informed decision-making regarding the future of aged care policies and practices. The Certificate itself will be repealed at the start of 2 October 2026, aligning with the deferred sunsetting of the related instruments.

Scope and Application

The Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024 applies to several aged care-related instruments scheduled to sunset on 1 October 2024, which includes documents such as the Accountability Principles 2014, Aged Care (Subsidy, Fees and Payments) Determination 2014, and others listed under section 4. This certificate operates under the authority of paragraph 51(1)(c) of the Legislation Act 2003 and extends its reach across the Commonwealth of Australia, affecting entities and persons involved in the aged care industry. The application of this legislative instrument is limited to the specified aged care instruments and does not extend to other areas or industries outside the scope of aged care. The certificate itself is repealed at the start of 2 October 2026, aligning with the deferred sunsetting date of the affected instruments. The scope of this certificate includes all entities and individuals directly governed by the aged care instruments listed, ensuring that the operational framework and regulatory standards remain in place until the new deferral date. The geographic reach is national, affecting the entire aged care sector across Australia. There are no specific exclusions or exemptions noted within the text of the certificate; however, the deferral only applies to the listed instruments, and other unrelated legislative instruments remain unaffected. Any further application, saving, or transitional provisions that may affect the operation of this certificate are detailed in the endnotes, which include information about the amendment history and any uncommenced amendments.

Key Provisions

The Legislation (Deferral of Sunsetting—Aged Care Instruments) Certificate 2024 (section 1) extends the operational life of various aged care instruments that were initially set to sunset on 1 October 2024. Specifically, the Certificate defers the sunsetting of the Accountability Principles 2014, Aged Care (Subsidy, Fees and Payments) Determination 2014, Aged Care (Transitional Provisions) Principles 2014, and several other related instruments (section 4). This deferral applies until 1 October 2026, at which point these instruments will be repealed (section 5). The obligations imposed by this Certificate primarily concern compliance with the extended operational timelines of the aged care instruments listed. These instruments, which govern aspects such as subsidy principles, quality of care, and user rights, must continue to be adhered to by all relevant parties, including aged care providers and service recipients, until the specified deferral date of 1 October 2026. Failure to comply with these principles and determinations could result in regulatory actions or penalties under the broader Aged Care Act 1997 and other relevant legislation. Under this Certificate, there are no explicit offences or penalties defined for non-compliance with the deferred sunsetting provisions themselves. However, any breach of the aged care instruments that remain in effect until 1 October 2026 could result in enforcement actions, fines, or other penalties as stipulated in the relevant legislation governing aged care services. For instance, violations of the Quality of Care Principles 2014 or the User Rights Principles 2014 could lead to civil or criminal penalties as outlined in the Aged Care Act 1997, which includes fines and potential imprisonment for serious breaches.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.