Legislation (Deferral of Sunsetting—Shipping Registration Regulations) Certificate 2018

Administered by Attorney-General's Department

Legislation au F2018L00427 Not in force Legislative Instrument

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Legislation (Deferral of Sunsetting—Shipping Registration Regulations) Certificate 2018

 EXPLANATORY STATEMENT 

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

 

INTRODUCTION

The Legislation (Deferral of Sunsetting—Shipping Registration Regulations) Certificate 2018 (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 (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 The instrument will then be repealed on the day specified in the certificate instead of the scheduled sunsetting day.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 FOR ISSUING CERTIFICATES OF DEFERRAL  

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 Legislation Act. Consultation involved the former 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 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:

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.

On 15 February 2018 the then Minister for Infrastructure and Transport, the Hon. Barnaby Joyce MP, wrote to the Attorney‑General applying for deferral of the sunsetting day for the Shipping Registration Regulations 1981, and setting out reasons for the proposed deferral.

The statement of reasons included in the Certificate sets out the basis for the Attorney‑General’s satisfaction that the criterion in section 51(1)(b)(i) of the Legislation Act has been met.

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 the 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 this instrument may be sought from the Department of Infrastructure, Regional Development and Cities.

Further information about the operation of the Certificate may be requested from the Attorney-General’s Department.


ATTACHMENT A

NOTES ON THE CERTIFICATE           

Section 1 Name

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—Shipping Registration 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, ‘Act’ to mean the Shipping Registration Act 1981 (FRL reference C2016C00957), ‘Legislation Act’ to mean the Legislation Act 2003 (FRL reference C2017C00300), and ‘Regulations’ to mean the Shipping Registration Regulations 1981 (FRL reference F2012C00465). 

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—Shipping Registration Regulations) Certificate 2018 was enacted to address the need for a temporary extension of the sunsetting provisions of the Shipping Registration Regulations 1981. This legislative instrument was introduced under the authority of the Legislation Act 2003, specifically section 51(1)(c), which allows the Attorney-General to issue a certificate deferring the sunsetting of a legislative instrument for either six or 12 months. The primary objective of this certificate was to ensure that the Shipping Registration Regulations could remain in force beyond their originally scheduled sunsetting date, which was set for 1 April 2018. The Certificate was issued to accommodate circumstances that made it difficult to prepare a replacement instrument before the original sunsetting date. The Attorney-General, after considering the statutory preconditions and the application from the Minister for Infrastructure and Transport, issued the certificate on 15 February 2018. This measure alleviates the administrative burden of remaking the regulations within a short timeframe and addresses unforeseen circumstances that prevent timely replacement.

Scope and Application

The Legislation (Deferral of Sunsetting—Shipping Registration Regulations) Certificate 2018, issued under section 51(1)(c) of the Legislation Act 2003, applies specifically to the Shipping Registration Regulations 1981, which are governed by the Shipping Registration Act 1981. This legislation allows the Attorney-General to defer the sunsetting of certain regulations for a period of up to twelve months, thus extending their operational life beyond their originally scheduled sunset date. The Certificate was made in response to an application from the Minister for Infrastructure and Transport, who provided reasons justifying the deferral, satisfying the statutory conditions outlined in section 51 of the Legislation Act. This process ensures that the Shipping Registration Regulations can continue to operate effectively, addressing unforeseen circumstances or the need for further legislative refinement. The Certificate itself is not subject to disallowance and must be laid before each House of Parliament within six sitting days of its creation. It is a legislative instrument that must be registered on the Federal Register of Legislation, although it is exempt from the regulatory impact assessment requirements typically imposed by the Office of Best Practice Regulation.

Key Provisions

The Legislation (Deferral of Sunsetting—Shipping Registration Regulations) Certificate 2018 (the Certificate) allows the Attorney-General to defer the sunsetting of the Shipping Registration Regulations 1981 (the Regulations) for a period of twelve months. Under section 51(1)(c) of the Legislation Act 2003, the Attorney-General can issue a certificate to extend the effective life of an instrument by either six or twelve months if certain statutory preconditions are met (section 51 of the Legislation Act). The Certificate specifies that the Regulations will sunset on 1 April 2019 rather than the originally scheduled date of 1 April 2018 (section 6 of the Certificate). The Certificate will itself be repealed on 2 April 2019 (section 7 of the Certificate). The Certificate imposes certain obligations on the Attorney-General. To issue the Certificate, the Attorney-General must be satisfied that certain statutory preconditions are met, as outlined in section 51 of the Legislation Act. This includes being satisfied that the Regulations would likely cease to be in force within twelve months of their sunsetting day, or that unforeseen circumstances prevent the completion of a replacement instrument before the sunsetting day (section 51(1)(b)(i) and (ii) of the Legislation Act). The Certificate also requires the Attorney-General to provide a statement of reasons for issuing the Certificate (section 51(2)(a) of the Legislation Act and section 5 of the Certificate). There are no specific offences, penalties, or civil/criminal consequences outlined in the Certificate for breaching its provisions. However, the Certificate is a legislative instrument and must be registered on the Federal Register of Legislation. The Certificate is not subject to disallowance, meaning it does not require approval from either House of Parliament (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). It is also not subject to a statement of compatibility with human rights, as it is a machinery of government instrument not subject to the regulatory impact assessment requirements (Human Rights (Parliamentary Scrutiny) Act 2011, section 9).

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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.