Legislation (Deferral of Sunsetting—Fisheries Administration Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L01227 Not in force Legislative Instrument

Legislation content

 Legislation (Deferral of Sunsetting—Fisheries Administration 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 (Legislation Act) 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 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, 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 Assistant Minister for Agriculture and Water Resources advising the Attorney-General of the reasons in support of issuing the certificate. The Assistant Minister for Agriculture and Water Resources is responsible for administering the Fisheries Administration Act 1991, the enabling legislation under which the Fisheries Administration Regulations 1992 (Fisheries Administration Regulations) were made. As such, the Assistant Minister for Agriculture and Water Resources is the relevant rule-maker for the purposes of section 6 of the Legislation Act. The Australian Fisheries Management Authority (AFMA) was also consulted. 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.

On the basis of the information contained in the statement of reasons included in the certificate, the Attorney‑General is satisfied that the criterion in subparagraph 51(1)(b)(i) of the Legislation Act is met.

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 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 may be requested from the Attorney-General’s Department about the operation of this certificate, and from the Department of Agriculture and Water Resources about the instrument to which this certificate applies.

ATTACHMENT A

NOTES ON THE CERTIFICATE           

Section 1 Name

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Fisheries Administration 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:

  • ‘AFMA’ to mean the Australian Fisheries Management Authority
  • ‘Department’ to mean the Department of Agriculture and Water Resources
  • ‘Fisheries Administration Act’ to mean the Fisheries Administration Act 1991 (FRL Reference C2017C00373)
  • ‘Fisheries Administration Regulations’ to mean the Fisheries Administration Regulations 1992 (FRL reference F2006C00570)
  • ‘Fisheries Management Act’ to mean the Fisheries Management Act 1991 (FRL reference C2017C00363)
  • ‘Fisheries Management Regulations’ to mean the Fisheries Management Regulations 1992 (FRL reference F2017C00241)
  • ‘Legislation Act’ to mean the Legislation Act 2003 (FRL reference C2017C00300), and
  • ‘Southern Bluefin Tuna Regulations’ to mean the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 (FRL reference F2015C00235).

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 Fisheries Administration Regulations would (apart from the operation of the sunsetting provisions) be likely to cease to be in force within 12 months after its sunsetting day.

Section 6 Deferral of sunsetting of the Regulations

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

Section 7 Repeal of this instrument

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

Overview

The Legislation (Deferral of Sunsetting—Fisheries Administration Regulations) Certificate 2018, enacted under the Legislation Act 2003, addresses the need to temporarily extend the duration of certain regulations to allow for adequate preparation and implementation of potential replacements or amendments. This certificate was issued by the Attorney-General in compliance with the requirements of the Legislation Act, enabling the deferral of the sunsetting date of the Fisheries Administration Regulations 1992 by up to 12 months. The primary policy objective behind this measure is to mitigate the administrative burden associated with the urgent remaking of regulations that would otherwise expire, thus ensuring continued regulatory effectiveness and stability in fisheries management. The process involved consultation with relevant stakeholders, including the Assistant Minister for Agriculture and Water Resources and the Australian Fisheries Management Authority, ensuring that the deferral aligns with existing policy intentions and does not significantly alter current arrangements.

Scope and Application

The Legislation (Deferral of Sunsetting—Fisheries Administration Regulations) Certificate 2018 applies to the Fisheries Administration Regulations 1992, which were made under the Fisheries Administration Act 1991. This Act governs the administration of fisheries in Australian waters, and the regulations specify detailed provisions for the management and enforcement of fisheries activities. The certificate extends the life of these regulations, which were due to sunset on 1 October 2018, by deferring their sunsetting day to 1 October 2019. This deferral applies nationally across Australia, ensuring that the regulatory framework remains in effect until the specified date. The certificate is made under the authority of the Legislation Act 2003, and the Attorney-General issued it based on the statutory preconditions outlined in that Act. The certificate does not include any specific exclusions or exemptions but operates within the existing legislative framework to provide a temporary extension. Subordinate instruments may further extend or restrict the application of this certificate as necessary.

Key Provisions

The main sections of the Legislation (Deferral of Sunsetting—Fisheries Administration Regulations) Certificate 2018 provide for the deferral of the sunsetting of the Fisheries Administration Regulations 1992 (section 6) and the repeal of the certificate itself (section 7). Section 1 names the certificate, section 2 specifies its commencement date, section 3 cites the authority under which it was made, and section 4 defines key terms used in the certificate. Section 5 includes the statement of reasons for issuing the certificate, which is a requirement under section 51(2)(a) of the Legislation Act 2003. The obligations and requirements imposed by the Act on the parties or entities it governs include the need for the Attorney-General to be satisfied that certain statutory conditions are met before issuing a certificate to defer the sunsetting of an instrument. These conditions include the likelihood that the instrument would cease to be in force within 12 months after its sunsetting day or that a proposed replacement instrument cannot be completed before the sunsetting day due to unforeseen circumstances. The responsible rule-maker must also apply to the Attorney-General in writing, and the Attorney-General must issue a certificate that includes a statement of reasons for the deferral. The certificate must be laid before each House of the Parliament within six sitting days of being made and registered on the Federal Register of Legislation. The certificate does not establish any specific offences, penalties, or civil or criminal consequences for breach. However, it is a legislative instrument and must comply with the requirements of the Legislation Act 2003. The certificate is not subject to disallowance, as specified in the Legislation (Exemptions and Other Matters) Regulation 2015. Any breach of the requirements for making a certificate under the Legislation Act may result in legal consequences as determined by the relevant courts or tribunals.

Legal classification tags

Instrument
Certificate
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

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.