Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L00669 Not in force Legislative Instrument

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 Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) Certificate 2017

 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 Minister for Infrastructure and Transport 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 Infrastructure and Regional Development.


ATTACHMENT A

NOTES ON THE CERTIFICATE           

Section 1 Name

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) 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, ‘ACCC’ to mean the Australian Competition and Consumer Commission, ‘CC Act’ to mean the Competition and Consumer Act 2010, ‘Legislation Act’ to mean the Legislation Act 2003 and ‘Shipper Body Declarations’ to mean all of the six legislative instruments the subject of this Certificate.  

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 Shipper Body Declarations 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 their sunsetting days, as required by subparagraph 51(1)(b)(i) of the Legislation Act.

Section 6 Deferral of sunsetting of the Shipper Body Declarations

This section provides that the Shipper Body Declarations, for which the sunsetting day is 1 October 2017, are 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—Designated Outwards Shipper Body Declarations) Certificate 2017 was enacted to address the impending expiration of certain legislative instruments related to designated outwards shipper body declarations. This certificate was issued under paragraph 51(1)(c) of the Legislation Act 2003, allowing the Attorney-General to defer the sunsetting day of these instruments for a period of 12 months. The purpose of this deferral is to ensure that these instruments remain in force for an additional period, thereby avoiding the administrative burden of remaking them with limited duration before their eventual repeal and replacement. The certificate, which is a legislative instrument, was issued by the Attorney-General and is not subject to disallowance. It was made after considering the statutory preconditions set out in the Legislation Act and in consultation with the relevant minister, with the overarching policy objective of maintaining the effectiveness of these legislative instruments.

Scope and Application

The Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) Certificate 2017 applies to the six legislative instruments that pertain to designated outwards shipper body declarations, which are critical in ensuring compliance with Australian regulations for goods shipped overseas. These instruments, which were initially set to sunset on 1 October 2017, have had their expiry date extended by the certificate to 1 October 2018. The Act operates within the Commonwealth jurisdiction and does not contain specific exclusions or exemptions, although it does defer the application of its sunsetting provisions to the designated legislative instruments. The certificate is an administrative measure designed to avoid the need for remaking these instruments before their intended replacement, thereby streamlining regulatory processes and reducing administrative burdens. This certificate does not extend or restrict application through subordinate instruments but operates directly on the specified legislative instruments.

Key Provisions

The main operative sections of the Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) Certificate 2017 are section 4, which provides definitions, and section 6, which defers the sunsetting of certain legislative instruments. Section 4 defines key terms such as 'ACCC', 'CC Act', 'Legislation Act', and 'Shipper Body Declarations' for clarity in interpreting the certificate (section 4). Section 6 specifies that the designated outwards shipper body declarations, originally set to sunset on 1 October 2017, will now cease to be in force on 1 October 2018 (section 6). The obligations imposed by the Act on the relevant parties primarily involve ensuring that the legislative instruments in question continue to be effective and properly administered during the extended period. The Attorney-General is required to be satisfied that the statutory conditions outlined in section 51 of the Legislation Act are met before issuing the certificate. The responsible rule maker must apply in writing for the deferral, and the Attorney-General must provide a statement of reasons for the issuance of the certificate. Additionally, the certificate must be laid before each House of Parliament within six sitting days of its creation and registered on the Federal Register of Legislation (sections 51(1), 51(2)(a), and 51(3) of the Legislation Act). There are no specific offences, penalties, or civil/criminal consequences outlined in the certificate itself for breach of its provisions. However, the failure to comply with the requirements of the Legislation Act or the terms of the certificate could potentially lead to administrative or legal repercussions depending on the broader legislative context. The certificate is designed to streamline the process of extending the life of certain legislative instruments without creating new punitive measures, focusing instead on ensuring that the legislative framework remains functional and up-to-date.

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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.