Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L01168 Not in force Legislative Instrument

Legislation content

Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018

made under paragraph 51(1)(c) of the

Legislation Act 2003

Compilation No. 1

Compilation date:   28 March 2020

Includes amendments up to: F2020L00334

Registered:    14 April 2020

 

About this compilation

This compilation

This is a compilation of the Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018 that shows the text of the law as amended and in force on 28 March 2020 (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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

6 Deferral of sunsetting

7 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—Bankruptcy Regulations) Certificate 2018.

3  Authority

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

6  Deferral of sunsetting

  The Bankruptcy Regulations 1996, for which the sunsetting day is 1 April 2019, are repealed by section 51 of the Legislation Act 2003 on 1 April 2021.

Note: The above Regulations were to sunset on 1 April 2019 because of section 50 of the Legislation Act 2003. This section as in force before the commencement of the Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Amendment Certificate 2020 provided for the sunsetting of those Regulations to be deferred to 1 April 2020.

7  Repeal of this instrument

  This instrument is repealed at the start of 2 April 2021.

 

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in 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

    /sub‑subparagraph(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

Sub‑Ch = Sub‑Chapter(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—Bankruptcy Regulations) Certificate 2018

27 Aug 2018 (F2018L01168)

28 Aug 2018 (s 2(1) item 1)

 

Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Amendment Certificate 2020

27 Mar 2020 (F2020L00334)

28 Mar 2020 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

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

rep F2020L00334

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

rep F2020L00334

s 6.....................

rs F2020L00334

s 7.....................

am F2020L00334

 

 

Overview

The Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018, made under the Legislation Act 2003, was enacted to defer the sunsetting of the Bankruptcy Regulations 1996, originally set for 1 April 2019, to 1 April 2021. This legislative instrument was introduced by the Parliament of Australia to ensure the continued applicability of the Bankruptcy Regulations beyond their original expiration date, thereby maintaining the regulatory framework governing bankruptcy procedures. This deferral aimed to provide stability and continuity in the administration of bankruptcy laws, allowing for adequate review and adjustment of the regulations as necessary. The Bankruptcy Regulations 1996, which were initially scheduled to sunset on 1 April 2019, were instead repealed by section 51 of the Legislation Act 2003 on 1 April 2021, as stipulated in the Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018. The policy objective behind this deferral was to allow sufficient time for stakeholders to adapt to any changes in the regulatory environment and to ensure that the legislative framework remains effective and relevant. The Certificate itself is repealed at the start of 2 April 2021, aligning with the new sunsetting date of the underlying regulations.

Scope and Application

The Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018 applies to the Bankruptcy Regulations 1996, which were originally set to sunset on 1 April 2019, but were subsequently deferred to 1 April 2021 under section 51 of the Legislation Act 2003. This legislative instrument defers the sunsetting of these regulations, ensuring they remain in effect until 1 April 2021. The certificate is made under the authority of paragraph 51(1)(c) of the Legislation Act 2003, and it will be repealed at the start of 2 April 2021. The deferral aims to allow sufficient time for any necessary legislative changes or reviews to be undertaken before the regulations are ultimately repealed. The geographic or jurisdictional reach of this legislation is national, as it pertains to federal regulations governing bankruptcy in Australia. The certificate does not specify any exclusions, exemptions, or thresholds; it simply defers the sunsetting date of the designated regulations.

Key Provisions

The Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Certificate 2018, under section 6, defers the sunsetting of the Bankruptcy Regulations 1996 from 1 April 2019 to 1 April 2021. This means that these regulations, which were originally set to expire on 1 April 2019, will now remain in force until 1 April 2021. The Certificate also notes that the original sunsetting was due to section 50 of the Legislation Act 2003, but it was deferred to 1 April 2020 by the Legislation (Deferral of Sunsetting—Bankruptcy Regulations) Amendment Certificate 2020. Under section 7, the Certificate itself will be repealed at the start of 2 April 2021. The obligations imposed by this Certificate primarily concern the continuation of the application of the Bankruptcy Regulations 1996 until 1 April 2021. Parties and entities governed by these regulations must continue to comply with them until the specified sunsetting date. This includes ensuring that all actions and procedures related to bankruptcy are conducted in accordance with these regulations until the new expiry date. There are no specific offences, penalties, or consequences outlined in the Certificate itself. However, failure to comply with the Bankruptcy Regulations 1996 after their sunsetting date of 1 April 2021 could result in legal consequences under the laws that replace or succeed them. It is important for parties and entities to be aware of any new regulations or laws that may take effect from 2 April 2021 and ensure compliance accordingly. The maximum penalties for any breaches would depend on the specific provisions of the new legislation that comes into force on that date.

Legal classification tags

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

Interactions

Authorises

All Versions

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.