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Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017

Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L00119 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Attorney‑General in compliance with section 15G of the Legislation Act 2003

INTRODUCTION

This certificate was made under paragraph 51(1)(c) of the Legislation Act 2003 and is a legislative instrument for the purposes of the Legislation Act.

A certificate issued by the Attorney-General under subsection 51(1) of the Legislation Act is not subject to disallowance. As such, a statement of compatibility with human rights is not required (Human Rights (Parliamentary Scrutiny) Act 2011, section 9).

OUTLINE

The purpose of the sunsetting provisions of the Legislation Act is to ensure that legislative instruments are kept up to date and only remain in force for so long as they are needed.

Paragraph 51(1)(c) enables the Attorney-General to issue a certificate to defer the sunsetting day for an instrument for a period of either six or 12 months. The instrument will then cease to be in force on the day specified in the certificate instead of the scheduled sunsetting day.

This allows instruments to continue to be in force for a further but limited period of time when they would otherwise sunset. This removes the administrative burden of remaking instruments which would have a limited duration prior to their repeal and potential replacement.

PROCESS BEFORE CERTIFICATE WAS MADE

Regulatory impact analysis

Certificates of deferral of sunsetting are machinery of government instruments, and are therefore not subject to the regulatory impact assessment requirements set out by the Office of Best Practice Regulation (OBPR). The OBPR reference for this standing exemption is ID19633.

Consultation before making

Before this certificate was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the Legislation Act. Consultation involved the
Minister for Revenue and Financial Services advising the Attorney‑General of the reasons in support of issuing the Certificate. The Certificate is consistent with the policy intent of the sunsetting arrangements and does not significantly alter existing arrangements. Accordingly, further consultation was unnecessary.

Statutory preconditions relevant to this certificate

If the Attorney-General is satisfied that the statutory conditions in section 51 of the Legislation Act are met, an instrument’s sunsetting day can be deferred for either six or 12 months by means of a certificate made under that section. In terms of process, the Legislation Act requires:

a) the responsible rule maker to apply to the Attorney-General in writing

b) the Attorney-General to be satisfied that the instrument meets the statutory conditions, and

c) the Attorney-General to issue a certificate that includes a statement of reasons for the issue of the certificate.

The certificate issued by the Attorney‑General must be laid before each House of Parliament no later than six sitting days after it is made. It is a legislative instrument and must be registered on the Federal Register of Legislation, but is not subject to disallowance (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19).

More information

The detail of the certificate is provided in Attachment A.

The instrument which is the subject of this certificate, and which will now sunset at a later day as specified in this certificate, is available on the Federal Register of Legislationhttp://www.comlaw.gov.au.

Further information about the operation of this instrument may also be requested from the Treasury.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name of certificate

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017. The Certificate may be cited by that name.

Section 2 Commencement

This section provides for the Certificate to commence on the day after it is registered.

Section 3 Authority

This section provides that the Certificate is made under paragraph 51(1)(c) of the Legislation Act 2003.

Section 4 Definitions

This section defines, for the purposes of this Certificate, ‘Act’ to mean the Legislation Act 2003 and ‘Industry Secretary’ to mean the Secretary of the Department administered by the Minister administering the Industry Research and Development Act 1986.

Section 5 Statement of reasons for issue of certificate

This section provides the statement of reasons as required by paragraph 51(2)(a) of the Act.

The statement of reasons explains the reasons for which the Attorney-General is satisfied that the Approved Occupational Clothing Guidelines 2006 would (apart from the operation of Part 4 of Chapter 3 of the Act) be likely to cease to be in force within 12 months after its sunsetting day, as required by subparagraph 51(1)(b)(i) of the Act.

Section 6 Deferral of sunsetting of the instrument

This section provides that the Approved Occupational Clothing Guidelines 2006, for which the sunsetting day is 1 April 2017, are taken to cease to be in force under section 51 of the Act on 1 October 2017.

Section 7 Repeal

This section provides that the Certificate is repealed at the start of 2 October 2017.

Overview

The Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017 was introduced to address the need to temporarily extend the life of the Approved Occupational Clothing Guidelines 2006 beyond their scheduled sunset date. The sunsetting provisions of the Legislation Act 2003 aim to ensure that legislative instruments remain current and only remain in force for as long as necessary. This particular certificate was issued by the Attorney-General under the authority granted by paragraph 51(1)(c) of the Legislation Act, allowing the deferral of the sunsetting of the Guidelines for a specified period, thereby avoiding the administrative burden of remaking the guidelines which would have limited duration prior to their repeal and potential replacement. The policy objective is to facilitate the continuation of necessary regulations without significant disruption.

Scope and Application

The Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017 applies to the Approved Occupational Clothing Guidelines 2006, which are set to cease being in force under the Legislation Act 2003 on 1 April 2017. This certificate, issued by the Attorney-General, defers the sunsetting day of these guidelines to 1 October 2017, providing a temporary extension to allow for any necessary updates or replacements without the administrative burden of remaking the guidelines. The certificate operates at a Commonwealth level, impacting entities and industries that adhere to these guidelines. There are no stated exclusions or exemptions within the scope of this certificate; it solely concerns the deferral of the sunsetting provisions of the Approved Occupational Clothing Guidelines 2006. The Certificate is a legislative instrument and, as such, is not subject to disallowance.

Key Provisions

The Legislation (Deferral of Sunsetting—Approved Occupational Clothing Guidelines) Certificate 2017 defers the sunsetting date of the Approved Occupational Clothing Guidelines 2006 from 1 April 2017 to 1 October 2017, as outlined in Section 6. This means that the guidelines, which were initially set to cease being in force on 1 April 2017, will now remain in effect until 1 October 2017. The Certificate was issued under paragraph 51(1)(c) of the Legislation Act 2003, which allows the Attorney-General to defer the sunsetting of certain legislative instruments for a period of either six or twelve months (Section 3). The deferral is intended to provide additional time for necessary adjustments or updates to the guidelines before they are completely repealed. The Act imposes specific obligations on the parties it governs, primarily ensuring that the guidelines remain effective until the new sunsetting date specified in the Certificate. The Industry Secretary, as defined in Section 4, must ensure that the Approved Occupational Clothing Guidelines 2006 are adhered to until 1 October 2017. The Certificate also mandates that the Attorney-General must lay the Certificate before each House of Parliament no later than six sitting days after it is made, as stipulated in the Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19. Additionally, the Certificate must be registered on the Federal Register of Legislation, ensuring transparency and accessibility of the legislative changes. There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of the Certificate itself. However, the underlying Approved Occupational Clothing Guidelines 2006 may have their own compliance requirements and penalties for non-compliance. Since the Certificate is a legislative instrument that defers the sunsetting of these guidelines, any breach of the guidelines post-deferral would be subject to the penalties associated with the original guidelines. The Certificate's purpose is to provide a clear, temporary extension for compliance rather than to introduce new penalties.

Area of Law: Statutory Interpretation
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Repeal & Amendment; Delegated & Subordinate Legislation

Interactions

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.

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