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Legislation (Deferral of Sunsetting—Domicile Regulations) Certificate 2018

Legislation (Deferral of Sunsetting—Domicile Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L00135 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. It also deals with certain situations 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 certificate is consistent with the policy intent of the sunsetting arrangements and does not significantly alter existing arrangements. Accordingly, consultation was considered 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 satisfaction that the criterion in subparagraph 51(1)(b)(i) of the Legislation Act is satisfied.

The certificate 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

Further detail on the provisions 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 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—Domicile 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, ‘Bill’ to mean the Bill introduced into Parliament as the Civil Law and Justice Legislation Amendment Bill 2017, ‘Domicile Act’ to mean the Domicile Act 1982 (FRL reference C2008C00386), ‘Legislation Act’ to mean the Legislation Act 2003 (FRL reference C2004A01224), and ‘Regulations’ to mean the Domicile Regulations (FRL reference F1997B01763).

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) – 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 – has been met.

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—Domicile Regulations) Certificate 2018 was enacted to provide a temporary extension to the sunsetting of certain regulations, specifically the Domicile Regulations, which are subsidiary legislation under the Domicile Act 1982. This certificate was issued by the Attorney-General under the authority granted by the Legislation Act 2003 to defer the sunsetting of legislative instruments for a period of up to 12 months. The problem it addresses is the need to allow sufficient time to replace or amend existing regulations before they sunset, which can be crucial for maintaining legal continuity and addressing unforeseen circumstances that might delay the timely creation of new regulations. The policy objective is to ensure that legislative instruments remain effective and relevant by preventing abrupt cessations of their operations, thereby reducing administrative burdens and ensuring that regulatory frameworks are updated in a timely and efficient manner.

Scope and Application

The Legislation (Deferral of Sunsetting—Domicile Regulations) Certificate 2018 applies to the Domicile Regulations, which were set to sunset on 1 April 2018. This certificate, issued by the Attorney-General under the Legislation Act 2003, defers the sunsetting of these regulations to 1 April 2019. The deferral allows for a continued application of the regulations, which pertain to the determination of domicile under the Domicile Act 1982, thereby extending their effectiveness for a further period. The certificate is applicable to any person, entity, or transaction subject to the Domicile Regulations, ensuring that these regulations remain in force for the specified period. It applies nationally as a Commonwealth instrument and does not include specific exclusions or exemptions beyond the conditions set out in the Legislation Act. The certificate does not extend or restrict the application of the Act through subordinate instruments but serves as a specific legislative instrument to manage the sunsetting of the Domicile Regulations.

Key Provisions

The Legislation (Deferral of Sunsetting—Domicile Regulations) Certificate 2018 contains key provisions aimed at deferring the sunsetting of certain legislative instruments. Under Section 6, the certificate provides that the Domicile Regulations, which were scheduled to cease on 1 April 2018, will instead be in force until 1 April 2019. This extension is provided under the authority granted by Section 51(1)(c) of the Legislation Act 2003, which allows the Attorney-General to defer the sunsetting of an instrument by up to 12 months. Section 7 then states that the certificate itself will be repealed on 2 April 2019, effectively rendering it void after the extended sunsetting period has ended. The obligations imposed by this Act primarily rest on the Attorney-General, who must ensure that certain statutory conditions are met before issuing the certificate. According to Section 5, the Attorney-General must be satisfied that the Domicile Regulations would likely cease to be in force within 12 months of their scheduled sunsetting date, or that unforeseen circumstances prevent the timely completion of a replacement instrument. The Attorney-General must also provide a statement of reasons for issuing the certificate, as required by Section 5(2)(a) of the Legislation Act. Once the certificate is issued, it must be laid before each House of Parliament within six sitting days and registered on the Federal Register of Legislation. The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, the issuance of the certificate itself is governed by the statutory conditions outlined in Section 51 of the Legislation Act 2003. Failure to meet these conditions could potentially render the certificate invalid, but no specific penalties are stated in the Act. The primary consequence of not issuing the certificate, or of issuing it without meeting the statutory conditions, would be the premature cessation of the Domicile Regulations, which could lead to administrative and legal uncertainties.

Instrument: Statutory Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Regulatory Standards
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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