Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L00409 Not in force Legislative Instrument

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Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018

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 (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). 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) of the Legislation Act enables the Attorney-General to issue a certificate to defer the sunsetting day of an instrument for a period of either six or 12 months. The instrument will then be repealed on the day specified in the certificate instead of the scheduled sunsetting day.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, or where circumstances prevent the making of replacement instruments prior to the sunsetting day.

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 the Treasury 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:

i)            the instrument would (apart from the operation of the sunsetting provisions) be likely to cease to be in force within 12 months after its sunsetting day, or

ii)            the proposed replacement instrument will not be able to be completed before the sunsetting day for reasons that the rule maker could not have foreseen and avoided, or

iii)            the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make a replacement instrument before a new government is formed, and

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

The statement of reasons included in the certificate sets out the basis for the Attorney-General’s satisfied that the criterion in subparagraph 51(1)(b)(i) of the Legislation Act is satisfied.

The certificate issued by the Attorney‑General must be laid before each House of the 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

Further details on the provisions of the certificate are 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

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018. 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 Commonwealth Borrowing Levy Act 1987, ‘Legislation Act’ to mean the Legislation Act 2003, ‘levy’ to mean the levy imposed by the Commonwealth Borrowing Levy Act 1987 and ‘Regulations’ to mean the Commonwealth Borrowing Levy Regulations 1987.

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 Legislation Act.

The statement of reasons explains why the Attorney-General is satisfied that the criterion set out in subparagraph 51(1)(b)(i) of the Legislation Act has been met, namely that the Regulations would (apart from the operation of the sunsetting provisions) be likely to cease to be in force within 12 months after their sunsetting day.

Section 6 Deferral of sunsetting of the Regulations

This section provides that the Regulations, for which the sunsetting day is 1 April 2018, are taken to cease to be in force under section 51 of the Legislation Act on 1 April 2019.

Section 7 Repeal of this instrument

This section provides that the certificate is repealed at the start of 2 April 2019.

 

 

 

 

Overview

The Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 was issued by the Attorney-General under the authority of the Legislation Act 2003 to address the need for continued operation of specific legislative instruments beyond their scheduled sunsetting date. The primary purpose of this certificate is to defer the sunsetting of the Commonwealth Borrowing Levy Regulations 1987 for a period of twelve months, thereby extending their effective date from 1 April 2018 to 1 April 2019. This deferral mechanism is designed to alleviate administrative burdens associated with the timely replacement of legislative instruments and to accommodate unforeseen circumstances that may hinder the timely creation of replacement regulations. The certificate, which is not subject to disallowance, ensures that the legislative instrument remains in force for a necessary but limited duration while allowing for the eventual repeal of the certificate itself upon the conclusion of the deferral period. The enactment of this certificate by the Attorney-General, in accordance with the statutory preconditions outlined in the Legislation Act, underscores the importance of maintaining legislative continuity and efficiency. The process leading to the issuance of the certificate involved consultation with relevant ministers and a consideration of the statutory obligations under the Legislation Act. The certificate was made to ensure that the sunsetting provisions of the Legislation Act operate effectively, thus promoting the timely updating and maintenance of legislative instruments in a manner that aligns with policy objectives and administrative practicality.

Scope and Application

The Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 applies to the Commonwealth Borrowing Levy Regulations 1987, which are regulations made under the Commonwealth Borrowing Levy Act 1987. The primary function of this certificate is to defer the sunsetting of these regulations, allowing them to remain in force for an additional period of twelve months. This deferral is applicable to the national jurisdiction, impacting the Commonwealth as a whole rather than being confined to specific states, territories, or entities. The certificate was issued under the authority granted by the Legislation Act 2003 and does not require a statement of compatibility with human rights. It is important to note that the certificate itself is not subject to disallowance and must be laid before each House of the Parliament within six sitting days of its issuance. The deferral does not alter the substantive provisions of the regulations but merely extends their operational lifespan.

Key Provisions

The main operative sections of the Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 include section 3, which provides that the certificate is made under paragraph 51(1)(c) of the Legislation Act 2003, and section 6, which defers the sunsetting day of the Commonwealth Borrowing Levy Regulations 1987 from 1 April 2018 to 1 April 2019. The certificate names the instrument that will have its sunsetting day deferred, provides the reasons for the deferral, and specifies the new sunsetting day (sections 1, 5, and 6). Section 2 provides for the certificate to commence on the day after it is registered, and section 7 provides that the certificate is repealed at the start of 2 April 2019. The Act imposes certain obligations and requirements on the parties and entities it governs. The responsible rule maker must apply to the Attorney-General in writing for the deferral of the sunsetting day of an instrument, and the Attorney-General must be satisfied that the statutory conditions in section 51 of the Legislation Act are met before issuing a certificate (section 51(1)(c)). The Attorney-General must also issue a certificate that includes a statement of reasons for the issue of the certificate, and the certificate must be laid before each House of the Parliament no later than six sitting days after it is made (sections 51(2)(a) and 51(5)). The certificate is a legislative instrument and must be registered on the Federal Register of Legislation, but it is not subject to disallowance (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). The Legislation Act 2003 provides for various offences, penalties, and civil or criminal consequences for breach. However, the Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 does not specify any particular offences, penalties, or consequences for breach. The maximum penalties for offences under the Legislation Act are set out in section 14 of that Act, and range from a fine of 10 penalty units to imprisonment for five years, depending on the nature and severity of the offence. In summary, the Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 allows the Attorney-General to defer the sunsetting day of the Commonwealth Borrowing Levy Regulations 1987 from 1 April 2018 to 1 April 2019. The Act imposes certain obligations and requirements on the parties and entities it governs, including the requirement for the responsible rule maker to apply to the Attorney-General in writing for the deferral of the sunsetting day of an instrument, and the requirement for the Attorney-General to be satisfied that the statutory conditions in section 51 of the Legislation Act are met before issuing a certificate. While the Legislation Act provides for various offences, penalties, and consequences for breach, the Legislation (Deferral of Sunsetting—Commonwealth Borrowing Levy Regulations) Certificate 2018 does not specify any particular offences, penalties, or consequences for breach.

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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.