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Legislation (Deferral of Sunsetting—Threat Abatement Plans) Certificate 2017

Legislation (Deferral of Sunsetting—Threat Abatement Plans) Certificate 2017

Administered by Attorney-General's Department

Legislation au F2017L00293 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 of 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 the Environment and Energy 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 instruments which are the subject of this certificate, and which will now sunset at a later day as specified in this certificate, are 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 the Environment and Energy.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name

This section provides that the Certificate is named the Legislation (Deferral of Sunsetting—Threat Abatement Plans) 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, ‘Legislation Act’ to mean the Legislation Act 2003, and ‘Threat Abatement Plans’ to mean both of the Threat Abatement Plan for Dieback caused by the root-rot fungus Phytophthora cinnamomi (F2007B00393) and the Threat Abatement Plan 2006 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations (F2006L02855).

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 Threat Abatement Plans 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 Threat Abatement Plans

This section provides that the Threat Abatement Plans, for which the sunsetting day is 1 April 2017, are taken to cease to be in force under section 51 of the Legislation Act on 1 April 2018.

Section 7 Repeal of this instrument

This section provides that the Certificate is repealed at the start of 2 April 2018.

Overview

The Legislation (Deferral of Sunsetting—Threat Abatement Plans) Certificate 2017, issued by the Attorney-General under the Legislation Act 2003, is designed to address the problem of the imminent sunsetting of two specific Threat Abatement Plans: the Threat Abatement Plan for Dieback caused by the root-rot fungus Phytophthora cinnamomi and the Threat Abatement Plan for the incidental catch of seabirds during oceanic longline fishing operations. The purpose of this certificate is to defer the sunsetting of these plans, which were set to expire on 1 April 2017, by extending their operational period to 1 April 2018. This measure aims to provide additional time to ensure the continuity of these critical plans, thereby addressing the need to maintain effective environmental protections without the immediate administrative burden of remaking the plans. The certificate was issued in accordance with the statutory conditions outlined in the Legislation Act, ensuring that the deferral does not significantly alter existing arrangements or policy intent.

Scope and Application

The Legislation (Deferral of Sunsetting—Threat Abatement Plans) Certificate 2017 applies to the two specified Threat Abatement Plans, namely the Threat Abatement Plan for Dieback caused by the root-rot fungus Phytophthora cinnamomi and the Threat Abatement Plan 2006 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations. These plans are designed to address specific environmental threats and are applicable across Australia, affecting entities and persons involved in activities that may impact on the targeted environmental issues. The Certificate, made under the authority of the Legislation Act 2003, allows for the deferral of the sunsetting of these plans, ensuring they remain in force for an additional period. The deferral is geographically comprehensive, applying nationally across all states and territories. The Certificate does not include any explicit exclusions, but its effect is limited to the specified plans, and its issuance is contingent upon meeting certain statutory conditions. Any further application or extension of the Certificate’s effect would require additional legislative action or subordinate instruments, although such provisions are not detailed in the Certificate itself.

Key Provisions

The Legislation (Deferral of Sunsetting—Threat Abatement Plans) Certificate 2017 operates under section 51 of the Legislation Act 2003, which allows the Attorney-General to defer the sunsetting of certain legislative instruments for either six or twelve months. In this case, the certificate defers the sunsetting of two Threat Abatement Plans until 1 April 2018 (Section 6). The Certificate is named and defined in Section 1 and Section 4 respectively, and it commenced on the day it was registered (Section 2 and Section 3). The reasons for issuing the certificate are detailed in Section 5. The Certificate imposes obligations on the relevant parties, ensuring that the Threat Abatement Plans for Dieback caused by the root-rot fungus Phytophthora cinnamomi and for the incidental catch of seabirds during oceanic longline fishing operations continue to be in effect until 1 April 2018, instead of their original sunsetting date of 1 April 2017. This allows for a limited extension to maintain the regulatory framework without the need for immediate remaking of the plans, which would otherwise have ceased to be in force sooner (Section 6). The Certificate must be laid before each House of Parliament within six sitting days of its issuance and registered on the Federal Register of Legislation (Section 3). There are no explicit offences or penalties mentioned within the Certificate itself, as it is a legislative instrument that facilitates the deferral of sunsetting. However, any failure to comply with the provisions of the Threat Abatement Plans after the deferred sunsetting date could result in legal consequences under the primary legislation they are meant to support. The Certificate, being a legislative instrument, is not subject to disallowance and does not require a statement of compatibility with human rights (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). The Certificate will be repealed on 2 April 2018, the day following the new sunsetting date (Section 7).

Area of Law: Statutory Interpretation
Instrument: Certificate
Concepts: Commencement Provisions; Repeal & Amendment; Offence Provisions

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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