Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022

Administered by Attorney-General's Department

Legislation au F2022L00410 Not in force Legislative Instrument

Legislation content

Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022

made under paragraph 51(1)(c) of the

Legislation Act 2003

Compilation No. 2

Compilation date: 29 January 2025

Includes amendments: F2025L00033

About this compilation

This compilation

This is a compilation of the Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022 that shows the text of the law as amended and in force on 29 January 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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Airport Instruments) Certificate 2022.

3  Authority

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

4  Deferral of sunsetting

 (1) The following instruments, for which the sunsetting day is 1 April 2024, are repealed by section 51 of the Legislation Act 2003 on 1 April 2026:

 (a) Airports (Building Control) Regulations 1996;

 (c) Airports (Environment Protection) Regulations 1997.

Note: The Legislation (Airport Instruments) Sunset‑altering Declaration 2018 declared the sunsetting day of 1 April 2024 for the above instruments. Section 4 of this instrument, as in force before the commencement of the Legislation (Deferral of Sunsetting—Airport Instruments) Amendment Certificate 2025, provided for the sunsetting of the above instruments to be deferred to 1 April 2025.

 (2) The Airports (Protection of Airspace) Regulations 1996, for which the sunsetting day is 1 April 2024, is repealed by section 51 of the Legislation Act 2003 on 1 April 2026.

Note: The Legislation (Airport Instruments) Sunsetaltering Declaration 2018 declared the sunsetting day of 1 April 2024 for the above instrument. Section 4 of this instrument, as in force before the commencement of the Legislation (Deferral of Sunsetting—Airport Instruments) Amendment Certificate 2024, provided for the sunsetting of the above instrument to be deferred to 1 April 2025.

5  Repeal of this instrument

  This instrument is repealed at the start of 2 April 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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022

29 Mar 2022 (F2022L00410)

30 Mar 2022 (s 2(1) item 1)

 

Legislation (Deferral of Sunsetting—Airport Instruments) Amendment Certificate 2024

12 Sept 2024 (F2024L01140)

13 Sept 2024 (s 2(1) item 1)

Legislation (Deferral of Sunsetting—Airport Instruments) Amendment Certificate 2025

28 Jan 2025 (F2025L00033)

29 Jan 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

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

am F2024L01140; F2025L00033

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

am F2024L01140

 

Overview

The Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022 was enacted to defer the sunsetting of specific airport-related regulations that were initially set to expire on 1 April 2024. This legislative instrument was created under the authority of the Legislation Act 2003 and was designed to address the need for continued regulation of airport operations beyond the originally set date. The certificate defers the sunsetting of the Airports (Building Control) Regulations 1996, the Airports (Environment Protection) Regulations 1997, and the Airports (Protection of Airspace) Regulations 1996, extending their operational period until 1 April 2026. This deferral allows for a more measured transition and ensures that critical regulatory frameworks remain in place to maintain safety and environmental standards at airports across Australia. The instrument will itself be repealed on 2 April 2026, aligning with the extended operational period of the regulations it defers.

Scope and Application

The Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022 applies to the Airports (Building Control) Regulations 1996, Airports (Environment Protection) Regulations 1997, and Airports (Protection of Airspace) Regulations 1996, which are instruments under the Legislation Act 2003. These regulations pertain to the control of building activities, environment protection, and protection of airspace around airports respectively. The deferral of their sunsetting ensures that these regulations remain in effect beyond their originally scheduled repeal date of 1 April 2024. The deferral extends their operation until 1 April 2026, as amended by the Legislation (Deferral of Sunsetting—Airport Instruments) Amendment Certificates 2024 and 2025. This certificate itself will be repealed at the start of 2 April 2026. The geographic or jurisdictional reach of this certificate is national, as it pertains to federal regulations applicable across Australia. There are no stated exclusions or exemptions in the certificate, and its application is straightforward without the need for subordinate instruments to extend or restrict its scope.

Key Provisions

The Legislation (Deferral of Sunsetting—Airport Instruments) Certificate 2022 (sections 4 and 5) provides for the deferral of the sunsetting of certain airport regulations. Specifically, it defers the sunsetting of the Airports (Building Control) Regulations 1996, the Airports (Environment Protection) Regulations 1997, and the Airports (Protection of Airspace) Regulations 1996, which were originally set to sunset on 1 April 2024, to 1 April 2026. This deferral ensures that these regulations remain in force until the new date, allowing continued regulatory oversight and management of airport operations. The obligations imposed by this legislative instrument primarily involve compliance with the extended regulatory framework provided by the deferred regulations. Entities and individuals subject to these regulations must continue to adhere to the rules and standards set forth in these regulations until the new sunsetting date. This includes ensuring that all operational, safety, and environmental standards are met as stipulated by the respective regulations. Failure to comply with these regulations could result in legal repercussions and penalties as defined under the original regulatory frameworks. Breach of any provisions within the deferred regulations could result in both civil and criminal penalties. For instance, violations of building control standards might lead to fines or enforcement actions against non-compliant construction or maintenance activities at airports. Similarly, environmental protection regulations breaches could result in substantial fines or even imprisonment for serious violations. The maximum penalties vary depending on the severity and nature of the breach, as outlined in the respective regulations. Additionally, this legislative instrument itself is set to be repealed on 2 April 2026, ensuring that all regulatory oversight reverts back to the original sunsetting provisions post this date.

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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.