Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024

Administered by Attorney-General's Department

Legislation au F2024L01135 Not in force Legislative Instrument

Legislation content

Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024

EXPLANATORY STATEMENT

Issued by the Attorney-General in compliance with
section 15G of the Legislation Act 2003

 

INTRODUCTION

 

The Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024 (the Certificate) is made under paragraph 51(1)(c) of the Legislation Act 2003 (Legislation Act). It is a legislative instrument for the purposes of the Legislation Act and must be registered on the Federal Register of Legislation. Pursuant to subsection 51(4) of the Legislation Act, the Certificate will not be subject to the disallowance provisions of that Act as the deferred sunsetting day specified in the Certificate is on or before the first anniversary of the originally scheduled sunsetting day. Subsection 51(4) of the Legislation Act provides that a certificate of deferral is exempt from disallowance if it defers the sunsetting day of an instrument by up to 12 months.

 

OUTLINE

 

Sunsetting is the automatic repeal of legislative instruments after a fixed period. The Australian Government’s sunsetting framework is established under Part 4 of Chapter 3 of the Legislation Act. The purpose of the sunsetting framework is to ensure that legislative instruments are kept up to date and only remain in force for so long as they are needed.

 

Subsection 50(1) of the Legislation Act provides that a legislative instrument is automatically repealed on 1 April or 1 October immediately on or following the tenth anniversary of its registration. Under paragraph 51(1)(c) of the Legislation Act the Attorney-General can issue a certificate to defer the sunsetting day of an instrument for a period of either 6, 12, 18 or 24 months.

 

The instrument will then be repealed on the day specified in the certificate instead of the previously scheduled sunsetting day. This allows instruments to continue to be in force for a further but limited period of time after the date on which 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.

 

The Certificate defers the sunsetting date of the Major Sporting Events (Indicia and Images) Protection Rules 2014 (‘the Rules’) by 12 months from 1 October 2024 to 1 October 2025.

 

The ability to defer sunsetting dates is an integral part of the sunsetting framework. It provides the necessary flexibility to ensure the standard 10-year sunsetting period does not result in unintended consequences or impose an unreasonable administrative burden on Commonwealth agencies or the Parliament. Where the deferral is for a short period (6 or 12 months), the certificate is exempt from disallowance because the instrument will shortly be reviewed and, if remade, subject to disallowance and parliamentary scrutiny. Subjecting short term certificates of deferral to disallowance would undermine the flexibility afforded by their further but strictly limited postponement of sunsetting. In this case, the Rules are expected to be remade within 12 months of the sunsetting date as part of a Bill that will also amend the Major Sporting Events (Indicia and Images) Protection Act 2014 (‘the Act’). The Minister for Sport expects that the Bill will be introduced and passed within 12 months of the sunsetting date.

 

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 Impact Analysis (OIA). The OIA reference for this standing exemption is ID19633.

 

Consultation before making

Before the Certificate was issued, the Attorney-General considered the general obligation to consult imposed by section 17 of the Legislation Act.

 

The Rules are made under the Major Sporting Events (Indicia and Images) Protection Act 2014.

The Minister for Sport is aiming to introduce a Bill to amend the Act in the Autumn 2025 sitting of Parliament which will include proposed amendment of the Rules to remove references to historical events and update any references to state and territory-based legislation as they relate to major sporting events. In the development of this Bill, the Department of Health and Aged Care (department) will consult with IP Australia and the Australian Border Force as has been the case for previous amendments to the Act.

 

Certificates of deferral are machinery in nature, and enable legislative instruments that would otherwise sunset to remain in force for a further, but strictly limited, period of time. This will minimise the administrative burden on stakeholders associated with consultation on an instrument that will only have effect for a limited amount of time. Any replacement instrument will be subject to further consultation and parliamentary oversight, including oversight of whether adequate consultation occurred with persons likely to be affected by the replacement instruments.

 

A 12-month deferral will allow sufficient time for the department to develop new legislation and will avoid the need to remake the Rules in their current form for the short period of time before they are repealed and a replacement instrument is made. As such, given that deferral of the sunsetting date of the Rules is consistent with the policy intent of the sunsetting regime and does not significantly alter existing arrangements, appropriate consultation has occurred for the purposes of section 17 of the Legislation Act.

 

Statutory preconditions relevant to the Certificate

If the statutory conditions in section 51 of the Legislation Act are met, an instrument’s sunsetting day can be deferred for 6, 12, 18 or 24 months by means of a certificate made under that section. In terms of process, the Legislation Act requires:

  1.     the responsible rule-maker to apply to the Attorney-General in writing, and
  2.     the Attorney-General to be satisfied that:
    1.      the instrument would (apart from the operation of the sunsetting provisions) be likely to cease to be in force within 24 months after its sunsetting day
    2.    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
    3. 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, or
    4. the Attorney-General has approved Part 4 of Chapter 3 of the Legislation Act (Sunsetting) not applying to that instrument, and
  3.     the Attorney-General to issue a certificate. The explanatory statement for the certificate must include a statement of reasons for the issuing of the certificate.

 

The rule-maker for the Rules, the Minister for Sport, the Hon Anika Wells MP provided a written application to the AttorneyGeneral seeking a certificate of deferral of sunsetting for the Instrument. On the basis of the information contained in the statement of reasons below, the AttorneyGeneral is satisfied that the Rules would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 24 months after their sunsetting day. As such, the criterion in subparagraph 51(1)(b)(i) of the Legislation Act is met.

 

Statement of Reasons for issuing of the Certificate

For the purposes of subsection 51(5) of the Legislation Act this section sets out the statement of reasons for issuing the Certificate.

 

The Certificate defers the sunsetting date of the Rules by 12 months to 1 October 2025 to enable amendments to the Rules as part of a Bill, which will also amend the Major Sporting Events (Indicia and Images) Protection Act 2014 expected to be progressed within the next 12 months.

 

The Major Sporting Events (Indicia and Images) Protection Act 2014 provides protection for the unauthorised commercial use of specific indicia and images associated with major sporting events listed in the Schedules. The Act’s purposes include the prevention of “ambush marketing by association” by businesses falsely implying sponsorship arrangements with major sporting events.

 

The Rules provide the Comptroller-General of Customs with timeframes for action to be taken or a claim to be made for goods seized at the border under the Act consistent with the framework under which the Comptroller-General of Customs would exercise powers and functions under the Trade Marks Act 1995 and the Copyright Act 1968.

 

The Minister for Sport intends to introduce a Bill in the Autumn 2025 sitting of Parliament to amend the Major Sporting Events (Indicia and Images) Protection Act 2014 to provide protections for the Men’s Rugby World Cup 2027 and Asian Football Confederation Women’s Asian Cup 2026 and their owners and organisers. This recognises the size and significance of these events and will also honour a commitment made by the Government as part of Rugby Australia’s bid to host the Rugby World Cup 2027 in Australia.

 

As a part of the process of amending the Act, the Bill will also propose updates to the Rules to remove references to historical events and update any references to state and territory-based legislation as they relate to major events.

 

Accordingly, the Rules will likely cease to be in force in their current form within 24 months of their original sunsetting date.

 

 

More information

Further details on the provisions of the Certificate are provided in Attachment A.

 

The Rules which are subject to the Certificate, and which will now sunset at a later day as specified in the Certificate, are available on the Federal Register of Legislation.

 

Further information may be requested from the AttorneyGeneral’s Department about the operation of the Certificate, and from the Department of Health and Aged Care about the Instrument to which the Certificate applies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


ATTACHMENT A

NOTES ON THE CERTIFICATE

 

Section 1  Name

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024. The Certificate may be cited by this 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  Deferral of sunsetting

This section provides that the Major Sporting Events (Indicia and Images) Protection Rules 2014, for which the sunsetting day is 1 October 2024, are repealed by section 51 of the Legislation Act 2003 on 1 October 2025.

 

Section 5  Repeal of the instrument

This section provides that the Certificate is repealed at the start of 2 October 2025.

 

 

 

Overview

The Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024, made under the Legislation Act 2003, addresses the need to defer the sunsetting of the Major Sporting Events (Indicia and Images) Protection Rules 2014. This legislative instrument was introduced to allow for the continued enforcement and relevance of these rules, which govern the protection of specific indicia and images associated with major sporting events, beyond their original scheduled repeal. The Certificate, issued by the Attorney-General, allows for a 12-month extension from 1 October 2024 to 1 October 2025, thereby avoiding the administrative burden of remaking the rules in their current form before they are replaced with updated regulations. The deferral is part of the Australian Government’s sunsetting framework designed to ensure legislative instruments are kept current and only remain in force as needed. The deferral is intended to facilitate the amendment of the Major Sporting Events (Indicia and Images) Protection Act 2014, including updates to rules to reflect new events such as the Men’s Rugby World Cup 2027 and the Asian Football Confederation Women’s Asian Cup 2026.

Scope and Application

The Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024 applies to the Major Sporting Events (Indicia and Images) Protection Rules 2014, which are regulations under the Major Sporting Events (Indicia and Images) Protection Act 2014. The Act and its associated rules provide protection for specific indicia and images associated with major sporting events to prevent unauthorised commercial use and ambush marketing. The Certificate extends the sunsetting date of these rules by 12 months, from 1 October 2024 to 1 October 2025, to allow for the development of a new Bill that will amend both the Act and the rules. The Bill is expected to be introduced and passed within the next 12 months and will update the rules to remove references to historical events and adjust references to state and territory-based legislation relevant to major sporting events. This deferral ensures that the rules remain in force for a limited period to avoid administrative burden, while new legislation is developed. The Certificate is a legislative instrument under the Legislation Act 2003 and is exempt from disallowance provisions as it defers the sunsetting day by up to 12 months.

Key Provisions

The Legislation (Deferral of Sunsetting—Major Sporting Events (Indicia and Images) Protection Rules) Certificate 2024 defers the sunsetting of the Major Sporting Events (Indicia and Images) Protection Rules 2014, originally scheduled for 1 October 2024, to 1 October 2025. This is pursuant to section 51(1)(c) of the Legislation Act 2003, allowing for such a deferral under specific conditions. The Major Sporting Events (Indicia and Images) Protection Rules 2014 were designed to provide protection against the unauthorised commercial use of specific indicia and images associated with major sporting events. The Certificate ensures these rules remain in effect for an additional year to accommodate the amendment process. The obligations under the Legislation Act 2003 require that the responsible rule-maker, in this case, the Minister for Sport, apply in writing to the Attorney-General for a certificate of deferral. The Attorney-General must then be satisfied that the instrument would cease to be in force within 24 months after its scheduled sunsetting date, and that a replacement instrument cannot be completed due to unforeseen circumstances or parliamentary procedural issues. Additionally, the explanatory statement for the certificate must include reasons for its issuance. The Minister for Sport, the Hon Anika Wells MP, has submitted such an application, leading to the issuance of this Certificate. Under the Act, the deferral of the sunsetting date of the Rules is permissible if certain statutory conditions are met. These include the instrument being likely to cease to be in force within 24 months after its sunsetting day, and the inability to complete a proposed replacement instrument due to unforeseen circumstances. The Attorney-General has been satisfied that these conditions are met, based on the Minister's application and the outlined reasons, thus justifying the issuance of the Certificate. The Certificate defers the sunsetting date to enable amendments to the Rules as part of a Bill expected to be introduced and passed within the next 12 months. There are no specific offences, penalties, or civil/criminal consequences outlined for breaching the provisions of the Certificate itself. However, any breach of the Major Sporting Events (Indicia and Images) Protection Rules 2014 could result in enforcement actions under the Major Sporting Events (Indicia and Images) Protection Act 2014. Penalties for contravening the Act may include fines and, in severe cases, imprisonment. The exact penalties are determined by the relevant sections of the Act and applicable laws, which would continue to apply even after the sunsetting of the Rules.

Legal classification tags

Area of Law
Administrative Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Offence Provisions
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.