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Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) Certificate 2017

Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L01158 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 Justice 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 Attorney-General’s Department.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) 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 ‘Regulations’ to mean the Australian Federal Police Regulations 1979.

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 Regulations 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 Regulations

This section provides that the Regulations, for which the sunsetting day is 1 October 2017, are taken to cease to be in force under section 51 of the Act on 1 October 2018.

Section 7 Repeal of this instrument

This section provides that the certificate is repealed at the start of 2 October 2018.

Overview

The Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) Certificate 2017 was enacted to address the issue of ensuring that legislative instruments are kept up to date and remain in force only for as long as they are needed. This certificate was made under paragraph 51(1)(c) of the Legislation Act 2003, which empowers the Attorney-General to defer the sunsetting of certain legislative instruments for either six or twelve months. The primary policy objective is to avoid the administrative burden of remaking instruments that would otherwise have a limited duration before their repeal and potential replacement. The certificate was issued by the Attorney-General in compliance with section 15G of the Legislation Act 2003, and it is not subject to disallowance. It must be registered on the Federal Register of Legislation and laid before each House of Parliament no later than six sitting days after it is made. This legislative instrument aims to streamline the process of managing legislative instruments, ensuring they remain effective and relevant.

Scope and Application

The Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) Certificate 2017, issued by the Attorney-General under the Legislation Act 2003, serves to defer the sunsetting of the Australian Federal Police Regulations 1979 by twelve months, from 1 October 2017 to 1 October 2018. This certificate is a legislative instrument exempt from disallowance and does not require a statement of compatibility with human rights. It applies to the Australian Federal Police Regulations 1979 and is issued to prevent the administrative burden of remaking these regulations, which would otherwise cease to be in force within twelve months of their scheduled sunsetting day. The certificate was made following consultation with the Minister for Justice and in line with the statutory preconditions outlined in section 51 of the Legislation Act 2003, including the responsible rule maker's written application to the Attorney-General and the latter's satisfaction that the statutory conditions are met. The certificate must be laid before each House of Parliament within six sitting days of its issuance and is registered on the Federal Register of Legislation.

Key Provisions

The main operative sections of the Legislation (Deferral of Sunsetting—Australian Federal Police Regulations) Certificate 2017 are Sections 4 to 7. Section 4 provides a statement of reasons for issuing the certificate, explaining why the Attorney-General is satisfied that the Australian Federal Police Regulations 1979 would cease to be in force within 12 months of their scheduled sunsetting day, as required by the Legislation Act 2003. Section 5 defers the sunsetting of the Regulations, extending their effective period until 1 October 2018, rather than their original sunsetting day of 1 October 2017. Section 6 specifies that the Regulations will cease to be in force on 1 October 2018, as per the certificate. Lastly, Section 7 provides for the repeal of the certificate itself at the start of 2 October 2018. The Act imposes several obligations and requirements on the parties involved. Firstly, the responsible rule maker must apply to the Attorney-General in writing for a deferral of the sunsetting of the Regulations (Legislation Act 2003, section 51). The Attorney-General must then be satisfied that the statutory conditions are met, including that the Regulations would likely cease to be in force within 12 months of their sunsetting day (Legislation Act 2003, section 51(1)(b)(i)). The Attorney-General must also provide a statement of reasons for issuing the certificate (Legislation Act 2003, section 51(2)(a)), as detailed in Section 5 of the Certificate. Additionally, the certificate must be laid before each House of Parliament no later than six sitting days after it is made and must be registered on the Federal Register of Legislation. Under the Legislation Act 2003, any failure to comply with the requirements of the Act or the conditions specified in the certificate could result in civil or criminal consequences. However, the Explanatory Statement does not detail specific offences, penalties, or consequences for breach. Generally, breaches of legislative requirements can lead to legal actions, including fines or imprisonment, depending on the severity and nature of the breach. For this particular certificate, since it is not subject to disallowance and is a legislative instrument, any breach could potentially lead to legal actions under the general provisions of the Legislation Act 2003. The maximum penalties for offences under the Legislation Act 2003 vary depending on the specific provision breached but can include substantial fines and imprisonment terms as prescribed by law.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Regulatory Standards

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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