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Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017

Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L01156 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 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 Employment 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 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.

The 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 Employment.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the certificate is named the Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) 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 this certificate, ‘Act’ to mean the Legislation Act 2003, ‘Declaration’ to mean the instrument made under subsection 5(6A) of the Safety, Rehabilitation and Compensation Act 1988 that has the FRL identifier F2007B01064, and ‘FRL’ to mean the Federal Register of Legislation..

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 Act.

The statement of reasons explains the reasons for which the Attorney-General is satisfied that the Declaration 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 its sunsetting day, as required by subparagraph 51(1)(b)(i) of the Act.

Section 6 Deferral of sunsetting of the Declaration

This section provides that the Declaration, for which the sunsetting day is 1 October 2017, is taken to cease to be in force under section 51 of the Act on 1 October 2018.

Section 7 Repeal of this instrument

This section provides that the certificate is repealed at the start of 2 October 2018.

Overview

The Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017 was enacted to address the need for a temporary extension of the operation of a specific legislative instrument, namely a declaration made under subsection 5(6A) of the Safety, Rehabilitation and Compensation Act 1988. The certificate was introduced to ensure that the legislative instrument remains in force for an additional period, mitigating the administrative burden of having to re-make the instrument before its intended expiry. The certificate was issued by the Attorney-General in accordance with the provisions of the Legislation Act 2003, which empowers the Attorney-General to defer the sunsetting of certain legislative instruments for up to 12 months under specific conditions. This legislative instrument is not subject to disallowance, and it aims to align with the broader policy objective of maintaining effective legislative frameworks without unnecessary procedural interruptions.

Scope and Application

The Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017 is a legislative instrument issued by the Attorney-General under the authority of the Legislation Act 2003, aimed at deferring the sunsetting of the Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration) 2007. The Certificate applies to the Declaration made under subsection 5(6A) of the Safety, Rehabilitation and Compensation Act 1988, which has the Federal Register of Legislation identifier F2007B01064. The primary purpose of this Certificate is to extend the duration of the Declaration by an additional 12 months, thereby ensuring that it remains in force until 1 October 2018 rather than its original sunsetting date of 1 October 2017. The Certificate, which is not subject to disallowance, was issued to alleviate the administrative burden of remaking the instrument for a limited period before its repeal and potential replacement. The Certificate is applicable on a Commonwealth level and does not include any specific exclusions, exemptions, or thresholds beyond the statutory conditions outlined in the Legislation Act 2003. The Certificate is repealed at the start of 2 October 2018.

Key Provisions

The main operative sections of this legislative instrument, the Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017, focus on the deferral of the sunsetting of a specific instrument, namely the Safety, Rehabilitation and Compensation Declaration (F2007B01064) (Sections 3 and 6). This certificate defers the sunsetting of this Declaration, originally set for 1 October 2017, to 1 October 2018 (Section 6). The certificate also includes a statement of reasons for the deferral (Section 5) and outlines the authority under which it is made (Section 3). Additionally, it provides for the repeal of the certificate itself on 2 October 2018 (Section 7). This Act imposes certain obligations and requirements on the parties involved, primarily centred around the procedural steps required to defer the sunsetting of a legislative instrument. The responsible rule maker must apply to the Attorney-General in writing for a deferral (Section 51(a) of the Legislation Act 2003). The Attorney-General must then be satisfied that the statutory conditions are met before issuing a certificate (Section 51(b) of the Legislation Act 2003). This certificate must include a statement of reasons for its issuance (Section 51(2)(a) of the Legislation Act 2003). The Attorney-General must also lay the certificate before each House of Parliament within six sitting days of its creation (Section 51(4) of the Legislation Act 2003), and it must be registered on the Federal Register of Legislation (Section 51(5) of the Legislation Act 2003). There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this Act. However, the process of issuing a certificate under Section 51 of the Legislation Act 2003 does not significantly alter existing arrangements and is consistent with the policy intent of the sunsetting provisions. The legislative instrument is not subject to disallowance (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). The primary consequence of failing to comply with the statutory preconditions or procedural steps would be the inability to defer the sunsetting of the specified instrument, leading to its cessation on the original sunsetting date.

Instrument: Statutory Instrument
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment

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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