Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016

Administered by Attorney-General's Department

Legislation au F2016L01401 Not in force Legislative Instrument

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Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016

EXPLANATORY STATEMENT

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

INTRODUCTION

The Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016 (the Certificate) was issued under paragraph 51(1)(c) of the Legislation Act 2003 (LA) and is a legislative instrument for the purposes of the LA.

A certificate issued by the Attorney‑General under subsection 51(1) of the LA 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 LA is to ensure that legislative instruments are kept up to date and only remain in force for so long as they are required.

Paragraph 51(1)(c) enables the Attorney‑General to issue a certificate to defer the sunsetting day for an instrument for a period of 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 THE 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 the Certificate was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the LA. 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 the Certificate

If the Attorney‑General is satisfied that the statutory conditions in section 51 of the LA 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 LA 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 subject to the Certificate is the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002 (the Principles). It is available on the Federal Register of Legislation. Further information about the operation of the Principles 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—Principles for Approving Accredited Pathology Laboratories) Certificate 2016.

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

For the purposes of the Certificate, this section defines ‘Act’ as the Legislation Act 2003 and ‘Health Minister’ as the Minister administering the Health Insurance Act 1973.

Section 5  Statement of reasons for issue of certificate

This section provides the statement of reasons required by paragraph 51(2)(a) of the Act.

The statement of reasons explains why the Attorney‑General is satisfied that the relevant instrument would (apart from the operation of Part 4 of Chapter 3 of the Act) be likely to cease to be in force within 12 months after the scheduled sunsetting day, as required by subparagraph 51(1)(b)(i) of the Act.

Section 6  Deferral of sunsetting of the Health Insurance (Accredited Pathology Laboratories — Approval) Principles 2002

This section provides that the Health Insurance (Accredited Pathology Laboratories — Approval) Principles 2002, for which the scheduled sunsetting day is 1 October 2016, are taken to cease to be in force under section 51 of the Act on 1 October 2017.

Section 7  Repeal of this instrument

This section provides that the Certificate is repealed on 2 October 2017.

Overview

The Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016 was enacted to address the need for flexibility in the management of legislative instruments that would otherwise sunset prematurely. The Certificate was issued by the Attorney-General under the authority of the Legislation Act 2003, providing a mechanism to defer the sunsetting of specific instruments for up to 12 months. This was intended to alleviate the administrative burden associated with the frequent remaking of legislative instruments that have a limited duration prior to their repeal and replacement. The process of issuing the Certificate involved the Attorney-General considering the statutory conditions and being satisfied that the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002 would likely cease to be in force within 12 months of the scheduled sunsetting day. The policy objective aligns with the broader intent of the sunsetting provisions of the Legislation Act 2003, ensuring that legislative instruments are kept up to date while allowing for a controlled extension of their operational period.

Scope and Application

The Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016 applies to the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002, which are concerned with the approval of accredited pathology laboratories under the Health Insurance Act 1973. The Certificate extends the sunsetting date of these principles by 12 months, meaning they will remain in force until 1 October 2017 instead of 1 October 2016. This legislative instrument, issued by the Attorney-General under the Legislation Act 2003, does not require disallowance or a statement of compatibility with human rights. The Certificate is made under paragraph 51(1)(c) of the Legislation Act 2003, and its purpose is to ensure that the principles remain in effect for an additional period, thereby avoiding the need for immediate remaking of the principles. This legislative instrument is specific to the Commonwealth and does not apply to state or territory laws. The Certificate includes a statement of reasons for its issuance, explaining the necessity to defer the sunsetting of the principles to maintain consistent regulatory oversight of accredited pathology laboratories.

Key Provisions

The Legislation (Deferral of Sunsetting—Principles for Approving Accredited Pathology Laboratories) Certificate 2016 (sections 1-7) outlines the deferral of the sunsetting of the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002. This certificate, issued under the authority of the Legislation Act 2003, specifies that the principles will remain in force until 1 October 2017 instead of the originally scheduled sunsetting date of 1 October 2016. The primary purpose of this certificate is to ensure that the legislative instruments remain effective for a period longer than initially stipulated, thereby avoiding the administrative burden of remaking these instruments. The obligations imposed by the Certificate require the Attorney-General to issue a certificate after being satisfied that the statutory conditions in section 51 of the Legislation Act 2003 are met. This includes the requirement for the responsible rule-maker to apply in writing and the Attorney-General to provide a statement of reasons for the issuance of the certificate. Additionally, the certificate must be laid before each House of Parliament within six sitting days of its making and must be registered on the Federal Register of Legislation. The certificate is not subject to disallowance, but it must be consistent with the policy intent of the sunsetting arrangements and should not significantly alter existing arrangements. The Certificate does not introduce any specific offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the statutory preconditions for issuing a certificate or any procedural requirements may render the certificate ineffective or subject to judicial review. The main consequence of not following the prescribed process would be the potential lapse of the legislative instrument in question, which could lead to regulatory gaps or administrative challenges in the relevant field, in this case, the approval of accredited pathology laboratories.

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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.