Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023

Administered by Attorney-General's Department

Legislation au F2023L00969 Not in force Legislative Instrument

Legislation content

Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023

made under paragraph 51(1)(c) of the

Legislation Act 2003

Compilation No. 1

Compilation date: 29 January 2025

Includes amendments: F2025L00034

About this compilation

This compilation

This is a compilation of the Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023 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.

Self-repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023.

3  Authority

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

4  Deferral of sunsetting

  The Australian Jobs (Australian Industry Participation) Rule 2014, for which the sunsetting day is 1 April 2024, is repealed by section 51 of the Legislation Act 2003 on 1 April 2026.

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—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023

5 July 2023 (F2023L00969)

6 July 2023 (s 2(1) item 1)

 

Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Amendment Certificate 2025

28 Jan 2025 (F2025L00034)

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 F2025L00034

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

am F2025L00034

 

 

Overview

The Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023 was made under paragraph 51(1)(c) of the Legislation Act 2003 and was registered on 5 July 2023. It defers the sunsetting of the Australian Jobs (Australian Industry Participation) Rule 2014, originally set to expire on 1 April 2024, until 1 April 2026. The purpose of this legislation is to allow additional time for the evaluation and potential revision of the rule's provisions to better meet its objectives, ensuring that it continues to effectively support and regulate Australian industry participation. This certificate is repealed at the start of 2 April 2026, aligning with the deferred sunsetting date of the original rule. The enacting body for this legislative instrument is the Parliament of Australia, which authorised the deferral to ensure that the Australian Jobs (Australian Industry Participation) Rule 2014 remains in effect for a longer period, providing stability and continuity in the regulation of Australian industry participation. The policy objective is to maintain and potentially enhance the effectiveness of the rule in achieving its intended goals, such as promoting industry participation and addressing any identified shortcomings in the current regulatory framework.

Scope and Application

The Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023 applies to the Australian Jobs (Australian Industry Participation) Rule 2014, deferring its sunsetting date from 1 April 2024 to 1 April 2026. This legislative instrument is made under paragraph 51(1)(c) of the Legislation Act 2003 and operates to extend the duration for which the Rule remains in force. The Act affects entities and industries that are subject to the Rule, which generally pertains to participation in Australian industries by foreign investors. The geographic and jurisdictional reach of this legislation is confined to the Commonwealth of Australia, impacting entities and industries operating within its jurisdiction. The Certificate itself does not provide specific exemptions or thresholds but defers the sunsetting of the Rule, which may contain such details. Any exclusions or additional conditions would be governed by the provisions of the Australian Jobs (Australian Industry Participation) Rule 2014. The application and effect of this Certificate may be further extended or restricted through subordinate instruments, although such details are not specified in this particular legislative instrument.

Key Provisions

The Legislation (Deferral of Sunsetting—Australian Jobs (Australian Industry Participation) Rule) Certificate 2023 (sections 1 to 5) serves to defer the sunsetting of the Australian Jobs (Australian Industry Participation) Rule 2014, which was originally set to expire on 1 April 2024. This deferral is authorised under paragraph 51(1)(c) of the Legislation Act 2003 and the Certificate itself comes into effect on 6 July 2023. The Rule is now repealed on 1 April 2026, and the Certificate will also be repealed on the commencement of 2 April 2026. The Certificate imposes specific obligations on entities and individuals who must adhere to the Australian Jobs (Australian Industry Participation) Rule 2014 until its eventual repeal on 1 April 2026. This means that all parties governed by the Rule must continue to comply with its provisions until the stated date, despite the deferral. This includes ensuring that their operations and activities remain consistent with the requirements outlined in the Rule during this extended period. Failure to comply with the Australian Jobs (Australian Industry Participation) Rule 2014 after its sunsetting date could result in civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties are not detailed within the Certificate but are likely to be stipulated in the original Rule or other related legislation. Compliance with the Rule is crucial to avoid potential legal repercussions, including fines or other enforcement actions that may be taken against non-compliant entities or individuals.

Legal classification tags

Area of Law
Legislative Instruments
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Deferral of sunsetting

Interactions

Authorises

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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.