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Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017

Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L00289 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

The Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017 (The 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 issued 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.

A 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 Transport.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) 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 provides the definitions for key terms used throughout the instrument. For the purposes of this Certificate, ‘Act’ means the Legislation Act 2003 and ‘Policy Statement’ means the International Air Services Policy Statement No. 5 made under section 11 of the International Air Services Commission Act 1992.

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 International Air Services Policy Statement No. 5 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 its scheduled sunsetting day, as required by subparagraph 51(1)(b)(i) of the Legislation Act.

Section 6 Deferral of sunsetting of the instrument

This section provides that the International Air Services Policy Statement No. 5, for which the scheduled sunsetting day is 1 April 2017, is taken to cease to be in force under section 51 of the Act on 1 April 2018.

Section 7 Repeal

This section provides that the Certificate is repealed at the start of 2 April 2018.

Overview

The Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017 was enacted to address the issue of legislative instruments becoming outdated and the administrative burden associated with their remaking. The Certificate was issued by the Attorney-General under the provisions of the Legislation Act 2003, specifically paragraph 51(1)(c), which allows for the deferral of sunsetting for legislative instruments for a period of either six or twelve months. This legislative instrument aims to ensure that important policies, such as the International Air Services Policy Statement No. 5, remain in force for an extended period when necessary, without the need to constantly remake or replace them. The Certificate was not subject to disallowance, and the reasons for its issuance were provided by the Attorney-General in accordance with the requirements of the Legislation Act.

Scope and Application

The Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017 applies to the International Air Services Policy Statement No. 5, which is an instrument made under the International Air Services Commission Act 1992. The Certificate is a legislative instrument issued by the Attorney-General under section 51(1)(c) of the Legislation Act 2003, allowing the deferral of the sunsetting of this policy statement. The purpose of this Certificate is to ensure that the policy statement remains in force for a further period, thereby avoiding the administrative burden of remaking the instrument before its potential replacement. The Certificate does not apply to any other instruments or entities and is specific to the deferral of the sunsetting of the International Air Services Policy Statement No. 5. The geographic reach of this Certificate is federal, as it pertains to a Commonwealth legislative instrument. There are no stated exclusions or exemptions within the Certificate itself, though it is noted that certificates of deferral of sunsetting are machinery of government instruments and are not subject to regulatory impact assessment requirements. The Certificate extends the sunsetting date of the policy statement from 1 April 2017 to 1 April 2018, and it is repealed on 2 April 2018.

Key Provisions

The Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017 (the Certificate) operates under the provisions of the Legislation Act 2003, specifically paragraph 51(1)(c), which allows for the deferment of the sunsetting of legislative instruments. In this case, the Certificate defers the sunsetting of the International Air Services Policy Statement No. 5 (the Policy Statement), which was scheduled to sunset on 1 April 2017, to 1 April 2018. This means that the Policy Statement will remain in effect for an additional 12 months beyond its original sunsetting date, allowing for continued regulation of international air services during this period. The obligations imposed by the Certificate on the parties it governs include the requirement for the responsible rule maker to apply to the Attorney-General in writing for the deferment of the sunsetting of the Policy Statement. The Attorney-General must then be satisfied that the statutory conditions in section 51 of the Legislation Act are met before issuing the Certificate. The Certificate must include a statement of reasons for the issue of the certificate, as required by paragraph 51(2)(a) of the Legislation Act. Additionally, the Certificate must be laid before each House of Parliament no later than six sitting days after it is made and must be registered on the Federal Register of Legislation. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in the Certificate itself. However, any breach of the Policy Statement, which the Certificate defers, may result in penalties or consequences as outlined in the International Air Services Commission Act 1992. The maximum penalties for breaches of the International Air Services Commission Act 1992 can vary depending on the specific offence, and may include fines and/or imprisonment. It is important to note that the Certificate itself does not impose any penalties, but rather defers the sunsetting of the Policy Statement, which may have its own penalties for breach.

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

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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