Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016

Administered by Attorney-General's Department

Legislation au F2016L01750 Not in force Legislative Instrument

Legislation content

Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016

 EXPLANATORY STATEMENT 

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

 

INTRODUCTION

This declaration was made under subsection 51A(1) of the Legislation Act 2003 and is a legislative instrument for the purposes of the Legislation Act. The declaration is subject to the disallowance provisions of the Legislation Act.

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.

Section 51A enables the Attorney-General to align the sunsetting dates of two or more instruments by declaration. The instruments will then all cease to be in force on the day specified in the declaration instead of the scheduled sunsetting day of each instrument.

This allows instruments to continue to be in force for a further but limited period of time when they would otherwise sunset, or to sunset earlier than the originally scheduled sunsetting day. The purpose of such alignment is to facilitate more efficient and effective review processes by enabling a single thematic review into the fitness-for-purpose of all instruments relevant to a particular industry or theme.

This reduces the administrative burden and legislative inconsistencies that can arise from independently reviewing and remaking related legislative instruments at different times.

PROCESS BEFORE CERTIFICATE WAS MADE

Regulatory impact analysis

Sunset-altering declarations 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 ID 19486.

Statement of compatibility with human rights obligations

Before this declaration was made, its impact on human rights was assessed using tools and guidance published by the Attorney‑General’s Department. It is fully compatible with human rights as defined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Consultation before making

Before this declaration was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the Legislation Act. In preparing the application for this declaration, the Department of Health consulted with the Attorney-General’s Department and the Department of Human Services. The Regulatory Reform Division in the Department of the Prime Minister and Cabinet was also provided with a copy of the application. 

This declaration does not significantly alter existing arrangements or interfere with other planned reviews of hearing services administration legislation. As such, further consultation at this stage of the review process was unnecessary.

Statutory preconditions relevant to this declaration

If the Attorney-General is satisfied that the statutory conditions in section 51A of the Legislation Act are met, the sunsetting day of two or more legislative instruments can be aligned by means of a declaration made under that section. The statutory conditions are that:

         all the instruments to be reviewed would (in the absence of a declaration under section 51A) be subject to sunsetting 

         all the instruments to be reviewed are or will be the subject of a single review, and

         the making of the declaration will facilitate the undertaking of the review and the implementation of its findings. 

The two instruments to which this declaration relates will, in addition to the five instruments specified in the Legislative Instruments (Hearing Services Administration Instruments) Sunset‑altering Declaration 2015, be the subject of a single review of the Hearing Services Program as a whole. The making of this declaration will enable all seven instruments relevant to the Program to be reviewed, stakeholders to be consulted, and the findings of the review implemented, at the same time rather than in separate processes.

In terms of process, the Legislation Act requires:

         the responsible rule maker to apply to the Attorney-General

         the Attorney-General to be satisfied of the statutory conditions, and

         the Attorney-General to make the declaration, which is a legislative instrument and subject to disallowance.

More information

Further details regarding this declaration are set out in Attachment A.

A copy of each instrument which is the subject of this declaration, and which will now sunset on 1 October 2019, is available on the Federal Register of Legislationhttp://www.comlaw.gov.au.


ATTACHMENT A

NOTES ON THE DECLARATION           

Section 1 Name

This section provides for the declaration to be named the Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016. The declaration may be cited by that name.

Section 2  Commencement

This section provides for the declaration to commence on the day after it is registered.

Section 3 Authority

This section provides that the declaration is made under subsection 51A(1) of the Legislation Act 2003. 

Section 4 Repeal of hearing services instruments to facilitate review etc. 

This section provides that the Australian Hearing Services Regulations 1992 (Regulations) and the Declared Hearing Services Determination 1997 (Determination) are repealed on 1 October 2019.

This is the aligned sunsetting day for those instruments, which would otherwise have sunset on 1 April 2017 (the Determination) and 1 October 2018 (the Regulations).

For the purpose of clarity, this section includes a statement that the legal requirements in the Legislation Act are met – that is, that these instruments would otherwise be repealed by section 50 of the Legislation Act, that they are or will be the subject of a single review, and that the declaration facilitates the undertaking of the review and the implementation of its findings.

Section 5 Repeal of this instrument

This section provides that the declaration is repealed on 2 October 2019, which is the day after the aligned sunsetting day. This ensures that the declaration remains in force only for as long as it is needed.

 

 

 

Overview

The Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016 was enacted to address the need for more efficient and effective review processes of legislative instruments related to the Hearing Services Program. This declaration was made under the authority of the Legislation Act 2003 and aligns the sunsetting dates of two specific legislative instruments: the Australian Hearing Services Regulations 1992 and the Declared Hearing Services Determination 1997. The primary objective of this instrument, as articulated in the explanatory statement, is to facilitate a single thematic review into the fitness-for-purpose of all relevant instruments, thereby reducing administrative burden and legislative inconsistencies. The Attorney-General made the declaration after satisfying the statutory conditions outlined in the Legislation Act, including the requirement that the instruments be subject to sunsetting, that they are or will be the subject of a single review, and that the alignment of their sunsetting dates will facilitate the review process. This legislative instrument is subject to disallowance provisions and was issued in compliance with the requirements of the Legislation Act.

Scope and Application

The Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016 applies to the Australian Hearing Services Regulations 1992 and the Declared Hearing Services Determination 1997, which are repealed to facilitate a comprehensive review of the Hearing Services Program. The declaration aligns the sunsetting dates of these regulations to 1 October 2019, allowing for a coordinated review process that would otherwise have occurred at different times. This streamlined approach aims to reduce administrative burden and legislative inconsistencies, ensuring that the review is efficient and effective. The declaration is a legislative instrument subject to disallowance under the Legislation Act 2003 and applies nationally across Australia. The repeal of the declaration itself on 2 October 2019 ensures it remains in force only for the necessary period.

Key Provisions

The Legislation (Hearing Services Instruments) Sunset-altering Declaration 2016 (F2016L01750) operates under section 51A(1) of the Legislation Act 2003, enabling the alignment of sunsetting dates for specified legislative instruments. Section 4 of the declaration mandates the repeal of the Australian Hearing Services Regulations 1992 and the Declared Hearing Services Determination 1997, with the new sunsetting date set for 1 October 2019. This alteration postpones the original sunsetting dates of 1 April 2017 for the Determination and 1 October 2018 for the Regulations, thereby allowing these instruments to remain in effect for a limited additional period. The declaration itself ceases to have effect on 2 October 2019, ensuring that it is only in force for as long as necessary. The Act imposes several obligations on the entities governed by it, including the requirement for the Attorney-General to be satisfied that the statutory conditions outlined in section 51A of the Legislation Act are met before making the declaration. These conditions include ensuring that all the instruments in question are subject to sunsetting, that they are the subject of a single review, and that the declaration facilitates the review and implementation of its findings. The declaration also requires the responsible rule maker to apply to the Attorney-General for the alignment of sunsetting dates, after which the Attorney-General must make the declaration. Additionally, the declaration ensures that the repeal of the specified instruments is in line with the legislative requirements for sunsetting, facilitating a coordinated review of the Hearing Services Program. In terms of consequences, the Act does not specify any offences or penalties directly related to the failure to comply with the declaration. However, the underlying legislative instruments that the declaration affects may have their own set of regulatory compliance requirements, penalties, and consequences for non-compliance. The declaration itself is subject to disallowance under the Legislation Act, which means that it can be annulled by either house of Parliament within the specified period after its registration. This provides a safeguard to ensure that the declaration remains consistent with legislative intent and purpose. The statutory preconditions for making such a declaration include the necessity for the Attorney-General to be satisfied that the conditions in section 51A of the Legislation Act are met, which are crucial for ensuring that the alignment of sunsetting dates will facilitate an effective and efficient review process. The declaration also aligns with human rights obligations as assessed by the Attorney-General’s Department, ensuring that it does not adversely impact human rights. Further, while consultation was conducted before the declaration was made, no further consultation was deemed necessary as the declaration did not significantly alter existing arrangements or interfere with other planned reviews. This process ensures that the declaration is made with due consideration of relevant stakeholders and legislative requirements.

Legal classification tags

Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Review & Sunset Clauses
Catchwords
Declaration

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.