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Legislation (Deferral of Sunsetting—Health Insurance (Vocational Registration of General Practitioners) Regulations) Certificate 2018

Legislation (Deferral of Sunsetting—Health Insurance (Vocational Registration of General Practitioners) Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L00146 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 (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 The instrument will then be repealed on the day specified in the certificate instead of the scheduled sunsetting day.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 the Minister for Health 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:

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 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 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 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 Department of Health.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Health Insurance (Vocational Registration of General Practitioners) 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 the certificate, ‘GP’ to mean ‘general practitioner’, ‘Legislation Act’ to mean the Legislation Act 2003 (FRL reference C2017C00300), ‘Register’ to mean the Vocational Register established under the Health Insurance Act 1973 (FRL reference C2017C00255), and ‘Regulations’ to mean the Health Insurance (Vocational Registration of General Practitioners) Regulations 1989 (FRL reference F2011C00403).

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—Health Insurance (Vocational Registration of General Practitioners) Regulations) Certificate 2018 was issued to defer the sunsetting of the Health Insurance (Vocational Registration of General Practitioners) Regulations 1989, originally scheduled to cease on 1 April 2018. This certificate, made under the authority of the Legislation Act 2003, enables the Attorney-General to extend the life of specific legislative instruments by either six or twelve months. The purpose of this certificate is to allow the Government additional time to address unforeseen circumstances that might otherwise prevent the timely creation of replacement instruments, thereby alleviating administrative burdens and ensuring continuity in the regulation of general practitioner registrations. The certificate was issued in accordance with the statutory preconditions outlined in the Legislation Act, and it does not require a statement of compatibility with human rights as it is not subject to disallowance. The certificate was made following consultation with the Minister for Health and was laid before each House of Parliament within the required timeframe.

Scope and Application

The Legislation (Deferral of Sunsetting—Health Insurance (Vocational Registration of General Practitioners) Regulations) Certificate 2018 applies to the Health Insurance (Vocational Registration of General Practitioners) Regulations 1989, which are a set of regulations under the Health Insurance Act 1973 that establish and manage the vocational registration of general practitioners in Australia. The certificate was issued under paragraph 51(1)(c) of the Legislation Act 2003 by the Attorney-General to defer the sunsetting day of these regulations for a period of twelve months. This allows the regulations to remain in force until 1 April 2019 instead of their original sunsetting date of 1 April 2018. The certificate was issued to ensure that these regulations continue to operate without interruption, which is necessary for maintaining the registration standards for general practitioners and ensuring continuity in the healthcare system. The certificate is a legislative instrument and is not subject to disallowance, meaning it cannot be overturned by Parliament. However, it must still be registered on the Federal Register of Legislation and laid before each House of Parliament within six sitting days of its issuance.

Key Provisions

The Legislation (Deferral of Sunsetting—Health Insurance (Vocational Registration of General Practitioners) Regulations) Certificate 2018 (hereafter referred to as the "Certificate") is a legislative instrument issued under the authority of the Legislation Act 2003 (hereafter referred to as the "Act"). This Certificate defers the sunsetting of the Health Insurance (Vocational Registration of General Practitioners) Regulations 1989 (hereafter referred to as the "Regulations") from 1 April 2018 to 1 April 2019. The primary sections of the Certificate include the authority for issuing the certificate (section 3), the definitions of key terms (section 4), the reasons for the deferral (section 5), the actual deferral of the sunsetting of the Regulations (section 6), and the repeal of the Certificate itself (section 7). The Certificate imposes specific obligations and requirements on the relevant parties. For instance, it mandates that the Regulations will cease to be in force on 1 April 2019, rather than the originally scheduled date of 1 April 2018. Additionally, it requires that the Attorney-General be satisfied of certain statutory conditions before issuing the certificate. These conditions include the necessity to defer the sunsetting of the Regulations due to unforeseen circumstances or the inability to complete a replacement instrument in time. The Certificate also mandates that the statement of reasons for the deferral be included and that the Certificate itself be laid before each House of Parliament within six sitting days of its issuance. In terms of offences, penalties, or consequences, the Certificate itself does not explicitly outline penalties for non-compliance. However, any breach of the legislative instruments governed by the Certificate could result in legal consequences as per the provisions of the relevant legislation. For example, failure to comply with the Regulations could lead to penalties under the Health Insurance Act 1973. The maximum penalties for breaches of the Health Insurance Act 1973 can vary widely depending on the specific offence, but they can include substantial fines and, in some cases, imprisonment. The Certificate is designed to alleviate the administrative burden associated with remaking instruments that would otherwise sunset prematurely. By deferring the sunsetting of the Regulations, the Certificate allows for a smoother transition and ensures that the necessary legislative framework remains in place for an additional period. This is particularly important in situations where unforeseen circumstances or legislative delays could otherwise result in a gap in regulatory coverage. The Certificate also ensures that the legislative instruments are kept up-to-date and only remain in force for as long as they are needed, thereby maintaining the integrity and effectiveness of the legislative framework.

Area of Law: Statutory Interpretation
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Repeal & Amendment; Delegated & Subordinate Legislation; 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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