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Legislation (Deferral of Sunsetting—Foreign States Immunities Regulations) Certificate 2017

Legislation (Deferral of Sunsetting—Foreign States Immunities Regulations) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L01707 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 The instrument will then be repealed on the day specified in the certificate instead of the scheduled sunsetting day.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. 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. Consultation involved advising the Department of the Treasury and Emergency Management Australia of the reasons for making this certificate and obtaining their agreement to the certificate being made. 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.

As the Attorney‑General is the relevant rule-maker in this instance, there is no formal correspondence associated with the making of the certificate.

The statement of reasons included in the certificate sets out the basis for the Attorney‑General’s satisfaction that the criteria in section 51(1)(b)(i) of the Legislation Act are satisfied.

The certificate must be laid before each House of Parliament no later than six sitting days after it is issued by the Attorney‑General. 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 on 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— Foreign States Immunities Regulations) 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 the certificate, ‘Legislation Act’ to mean the Legislation Act 2003 (FRL reference C2004A01224) and ‘Regulations’ to mean the Foreign States Immunities Regulations 1987 (FRL reference F1996B00777), being the legislative instrument 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.

As required by subparagraph 51(1)(b)(i) of the Legislation Act, the statement of reasons explains why the Attorney‑General is satisfied that the Regulations 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 day.

Section 6 Deferral of sunsetting of the Foreign States Immunities 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—Foreign States Immunities Regulations) Certificate 2017, introduced under the Legislation Act 2003, was enacted to address the problem of outdated legislative instruments by deferring their sunsetting dates. This legislative instrument was created by the Attorney-General in accordance with section 51(1)(c) of the Legislation Act, ensuring that certain regulations could remain in effect for an additional period to facilitate their review and replacement. The certificate was issued after considering the statutory preconditions and the general obligation to consult, ultimately concluding that further consultation was unnecessary. The policy objective was to maintain the effectiveness of the Foreign States Immunities Regulations 1987 by preventing their premature sunsetting and allowing adequate time for the necessary legislative changes to be implemented. The certificate is not subject to disallowance and was laid before each House of Parliament within the required timeframe.

Scope and Application

The Legislation (Deferral of Sunsetting—Foreign States Immunities Regulations) Certificate 2017 applies to the Foreign States Immunities Regulations 1987, a legislative instrument within the Commonwealth jurisdiction of Australia. The certificate is issued under the authority of the Attorney-General, as per the provisions of the Legislation Act 2003, and serves to defer the sunsetting of these specific regulations by twelve months, extending their operational period from 1 April 2018 to 1 April 2019. The act applies to the Foreign States Immunities Regulations, which pertain to the immunities of foreign states and their property from legal process in Australian courts. The certificate ensures that the regulations remain in force for a limited period beyond their original sunset date, addressing potential administrative burdens and ensuring continuity in the legal framework governing foreign states' immunities. The certificate does not apply to any other legislative instruments or regulations outside the scope of the Foreign States Immunities Regulations 1987.

Key Provisions

The Legislation (Deferral of Sunsetting—Foreign States Immunities Regulations) Certificate 2017, made under the authority of section 51(1)(c) of the Legislation Act 2003, is designed to defer the sunsetting of the Foreign States Immunities Regulations 1987. The main operative section of this certificate, Section 6, stipulates that the Foreign States Immunities Regulations, which were initially set to cease on 1 April 2018, will now be repealed on 1 April 2019. This effectively extends the life of the regulations by one year. The certificate is laid out to ensure clarity in its naming, commencement, and authority, with Section 1 identifying it as the Legislation (Deferral of Sunsetting—Foreign States Immunities Regulations) Certificate 2017, Section 2 stating its commencement date as the day after registration, and Section 3 asserting its authority under the Legislation Act 2003. The obligations imposed by this certificate on the relevant parties are primarily administrative and procedural. The Attorney-General is required to issue the certificate, which includes a statement of reasons explaining the decision to defer the sunsetting. This is detailed in Section 5 of the certificate, which aligns with the statutory requirements of section 51(2)(a) of the Legislation Act. The certificate must be registered on the Federal Register of Legislation and laid before each House of Parliament within six sitting days of its issuance. Additionally, the certificate itself is repealed on 2 April 2019, as specified in Section 7, ensuring that it ceases to have any legal effect after serving its purpose. The certificate does not explicitly outline specific offences or penalties for breaches, as it is a procedural instrument rather than a regulatory one. However, any failure to comply with the statutory conditions or procedural requirements could lead to broader legal consequences under the Legislation Act 2003. The certificate's exemption from disallowance (as per Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19) implies that the primary consequence of non-compliance would be the need to address the underlying legislative instrument's sunsetting or its potential administrative implications. In essence, the lack of specified penalties underscores the certificate's role in facilitating the legislative process rather than enforcing compliance through punitive measures.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Repeal & Amendment; Delegated & Subordinate Legislation; Transitional Provisions; Offence Provisions

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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