Legislation (Deferral of Sunsetting—Crimes (Biological Weapons) Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L00406 Not in force Legislative Instrument

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Legislation (Deferral of Sunsetting – Crimes (Biological Weapons) 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 The instrument will then be repealed on the day specified in the certificate instead of the scheduled sunsetting day.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. The Attorney-General is responsible for the Crimes (Biological Weapons) Act 1976, the enabling legislation under which the Regulations were made, under section 6 of the Legislation Act and under the current Administrative Arrangements Order. 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 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 – Crimes (Biological Weapons) 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 Crimes (Biological Weapons) Act 1976, ‘Legislation Act’ to mean the Legislation Act 2003 and ‘Regulations’ to mean the Crimes (Biological Weapons) Regulations 1980.

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 – Crimes (Biological Weapons) Regulations) Certificate 2018 was introduced to address the issue of the impending sunsetting of the Crimes (Biological Weapons) Regulations 1980 under the Legislation Act 2003. This Act was enacted to ensure that legislative instruments remain relevant and only remain in force for as long as necessary. The Certificate was issued by the Attorney-General under the authority provided by section 51 of the Legislation Act, which allows for the deferral of the sunsetting of certain instruments. The objective of this deferral is to alleviate the administrative burden of remaking instruments that would have a limited duration prior to their repeal and potential replacement, or where circumstances prevent the making of replacement instruments before the scheduled sunsetting day. This measure ensures that necessary regulations continue to be in effect without the need for immediate replacement, thereby maintaining the regulatory framework's effectiveness.

Scope and Application

The Legislation (Deferral of Sunsetting – Crimes (Biological Weapons) Regulations) Certificate 2018 applies to the Crimes (Biological Weapons) Regulations 1980, enabling the deferral of their sunsetting day under the Legislation Act 2003. This certificate, issued by the Attorney-General, allows the Regulations to remain in force for an additional period of 12 months, until 1 April 2019, instead of their original sunsetting day of 1 April 2018. This measure is intended to prevent administrative burdens associated with the remaking of instruments that would otherwise be repealed prematurely or when unforeseen circumstances prevent the timely completion of replacement instruments. The certificate is not subject to disallowance and is a legislative instrument that must be registered on the Federal Register of Legislation. The deferral is based on the criterion that the Regulations would likely cease to be in force within 12 months of their scheduled sunsetting day, as outlined in the statement of reasons provided in the certificate.

Key Provisions

The main sections of the Legislation (Deferral of Sunsetting – Crimes (Biological Weapons) Regulations) Certificate 2018 (sections 1 to 7) establish the framework for deferring the sunsetting of the Crimes (Biological Weapons) Regulations 1980. Section 1 names the certificate, while Section 2 sets the commencement date as the day following its registration. Section 3 specifies that the certificate is made under paragraph 51(1)(c) of the Legislation Act 2003. Section 4 provides definitions for terms such as ‘Act’, ‘Legislation Act’, and ‘Regulations’. Section 5 includes the statement of reasons explaining the deferral, and Section 6 defers the sunsetting of the Regulations to 1 April 2019. Finally, Section 7 mandates the repeal of the certificate at the start of 2 April 2019. The Act imposes several obligations on the parties involved. Firstly, the responsible rule maker must apply to the Attorney-General in writing to defer the sunsetting of the Regulations (Legislation Act, section 51). The Attorney-General is then required to be satisfied that certain statutory conditions are met, such as the likelihood of the Regulations ceasing to be in force within 12 months after their sunsetting day or unforeseen circumstances preventing the completion of a replacement instrument (Legislation Act, section 51(1)(b)). The Attorney-General must also issue a certificate that includes a statement of reasons for the deferral (Legislation Act, section 51(2)(a)). Additionally, the certificate must be laid before each House of the Parliament within six sitting days of its issuance and registered on the Federal Register of Legislation. The certificate outlines several potential consequences for breaches, though specific offences and penalties are not detailed in the text provided. Under the Legislation Act, failure to comply with the requirements for making a certificate could result in administrative or legal consequences, though the exact nature of these consequences is not specified. Generally, non-compliance with legislative instruments could lead to invalidity of the instrument, administrative penalties, or legal actions depending on the severity and context of the breach. The maximum penalties for breaches related to the issuance or content of the certificate are not explicitly stated in the provided text. However, penalties for non-compliance with legislative instruments can vary widely, potentially including fines, imprisonment, or other administrative sanctions depending on the nature and severity of the breach. Given the sensitive nature of biological weapons legislation, penalties for significant breaches could be severe, reflecting the importance of adhering to the legislative framework governing such matters.

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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.