Legislation (Deferral of Sunsetting—Cosmetics Standard) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L01296 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 Assistant Minister for Health 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 Department of Health.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Cosmetics Standard) 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, ‘Legislation Act’ to mean the Legislation Act 2003, ‘NICNAS’ to mean the National Industrial Chemicals Notification and Assessment Scheme under the Industrial Chemicals (Notification and Assessment) Act 1989, and ‘Standard’ to mean the Cosmetics Standard 2007.

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 the reasons for which the Attorney-General is satisfied that the Standard would (apart from the operation of Part 4 of Chapter 3 of the Legislation 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 Standard

This section provides that the Standard, for which the sunsetting day is 1 October 2017, is taken to cease to be in force under section 51 of the Legislation 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—Cosmetics Standard) Certificate 2017 was introduced to address the need to temporarily extend the operation of the Cosmetics Standard 2007, which was set to sunset on 1 October 2017. This certificate was enacted under paragraph 51(1)(c) of the Legislation Act 2003 by the Attorney-General, ensuring the Standard remains in force until 1 October 2018. This extension was intended to alleviate the administrative burden of remaking the Standard prior to its potential replacement and to maintain regulatory continuity. The certificate was issued in compliance with the statutory conditions outlined in the Legislation Act, including the requirement for the Attorney-General to be satisfied that the Standard would otherwise cease to be in force within 12 months after its scheduled sunsetting date. The certificate was laid before each House of Parliament and is registered on the Federal Register of Legislation.

Scope and Application

The Legislation (Deferral of Sunsetting—Cosmetics Standard) Certificate 2017 applies to the Cosmetics Standard 2007, a legislative instrument under the National Industrial Chemicals Notification and Assessment Scheme, which regulates the safety of cosmetics in Australia. The Certificate extends the sunsetting period of the Cosmetics Standard 2007, allowing it to remain in force for an additional year from its original sunsetting date of 1 October 2017 to 1 October 2018. The Certificate was issued by the Attorney-General under the authority of the Legislation Act 2003 and is not subject to disallowance. The Certificate was made following consultation with the Assistant Minister for Health and is consistent with the policy intent of the sunsetting arrangements. There are no stated exclusions or exemptions in the Certificate. The Certificate must be registered on the Federal Register of Legislation and laid before each House of Parliament within six sitting days of its issue.

Key Provisions

The Legislation (Deferral of Sunsetting—Cosmetics Standard) Certificate 2017 (section 6) defers the sunsetting of the Cosmetics Standard 2007 by one year, meaning the Standard will now cease to be in force on 1 October 2018 instead of 1 October 2017. This deferral allows for additional time to review and potentially revise the Standard to ensure it remains relevant and effective. The certificate also specifies that it will be repealed on the commencement of 2 October 2018, ensuring that it ceases to have any effect after the new sunsetting date has been reached. The certificate is designed to provide a clear and temporary extension to the Standard's operation, avoiding the need for immediate remaking or replacement, which could be administratively burdensome. The Act imposes specific obligations on the parties involved. The responsible rule maker, in this case likely the Department of Health, must apply to the Attorney-General in writing if they wish to defer the sunsetting of a legislative instrument (section 1). The Attorney-General must then be satisfied that the instrument meets the statutory conditions set out in section 51 of the Legislation Act before issuing a certificate (section 1). Additionally, the Attorney-General must provide a statement of reasons for issuing the certificate, detailing why the instrument would likely cease to be in force within 12 months after its original sunsetting date (section 5). These obligations ensure that the deferral process is transparent and that the reasons for extending the Standard's operation are clearly articulated. Breach of the obligations or conditions outlined in the Legislation Act could result in civil or criminal consequences. However, in this specific instance, the explanatory statement does not detail specific offences, penalties, or consequences for breach. Typically, the Legislation Act provides that certificates issued by the Attorney-General under subsection 51(1) are not subject to disallowance (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). This means that while the certificate itself is not subject to disallowance, failure to adhere to the legislative requirements could still have legal ramifications. The precise penalties for any breach would depend on the nature of the breach and could potentially involve legal action to enforce compliance with the Act.

Instrument: Legislative Instrument
Concepts: Commencement Provisions; Repeal & Amendment; Delegation & Subordinate Legislation
Catchwords: Deferral of sunsetting

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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