Legislation (Product Stewardship (Oil) Instruments) Sunset-altering Declaration 2017

Administered by Attorney-General's Department

Legislation au F2017L00701 Not in force Legislative Instrument

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Legislation (Product Stewardship (Oil) Instruments) Sunset-altering Declaration 2017

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 the Environment and Energy consulted with the Attorney-General’s Department. The Regulatory Reform Division in the Department of the Prime Minister and Cabinet was also provided with a copy of the application. 

As this declaration does not itself significantly alter the existing arrangements of any other agency, 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. 

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 2021, 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 (Product Stewardship (Oil) Instruments) Sunset‑altering Declaration 2017. 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 product stewardship instruments to facilitate review etc.

This section provides that the Product Stewardship (Oil) Regulations 2000 and the Product Stewardship (Oil) Declaration 2003 are repealed on 1 October 2021.

This is the aligned sunsetting day for those instruments, which would otherwise have sunset between 1 October 2017 and 1 October 2019.

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 2021, 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 (Product Stewardship (Oil) Instruments) Sunset-altering Declaration 2017 was enacted to address the need for a coordinated review process of related legislative instruments, ensuring they are kept up to date and repealed in a timely and efficient manner. This legislative instrument was introduced by the Attorney-General under subsection 51A(1) of the Legislation Act 2003, with the policy objective of facilitating the thematic review of legislation and reducing inconsistencies and administrative burdens that might arise from independently reviewing and remaking related legislative instruments at different times. The declaration aligns the sunsetting dates of the Product Stewardship (Oil) Regulations 2000 and the Product Stewardship (Oil) Declaration 2003, ensuring they both cease to be in force on 1 October 2021 instead of their originally scheduled sunsetting dates between 1 October 2017 and 1 October 2019. This allows for a single thematic review of the fitness-for-purpose of these instruments relevant to the oil industry, as required by the statutory conditions set out in the Legislation Act.

Scope and Application

The Legislation (Product Stewardship (Oil) Instruments) Sunset-altering Declaration 2017 applies to the Product Stewardship (Oil) Regulations 2000 and the Product Stewardship (Oil) Declaration 2003, which are the instruments subject to the alignment of their sunsetting dates. This alignment is intended to facilitate a more efficient and effective review process, ensuring that these instruments remain in force for a limited period of time when they would otherwise sunset or sunset earlier than their originally scheduled dates. The declaration is subject to disallowance provisions under the Legislation Act 2003 and aligns the sunsetting dates of these instruments to 1 October 2021. The declaration does not extend its application to any other instruments or entities, and is specific to the purpose of facilitating the review of these two instruments. The declaration itself will be repealed on 2 October 2021, ensuring that it remains in force only for as long as it is needed.

Key Provisions

The Legislation (Product Stewardship (Oil) Instruments) Sunset-altering Declaration 2017 primarily concerns the alignment of the sunsetting dates of certain legislative instruments, specifically the Product Stewardship (Oil) Regulations 2000 and the Product Stewardship (Oil) Declaration 2003 (section 4). These instruments are repealed on 1 October 2021, instead of their original scheduled sunsetting dates, which would have been between 1 October 2017 and 1 October 2019. The declaration itself is repealed on 2 October 2021, ensuring that it remains in force only as long as necessary (section 5). The obligations and requirements imposed by this Act are primarily procedural, as it mandates that the Attorney-General align the sunsetting dates of the specified instruments (section 3). This is subject to the statutory conditions outlined in section 51A of the Legislation Act, which include ensuring that the instruments would be subject to sunsetting in the absence of the declaration, that they are or will be the subject of a single review, and that the declaration will facilitate the review process and the implementation of its findings. The process requires the responsible rule maker to apply to the Attorney-General, who must then be satisfied that the statutory conditions are met before making the declaration (section 51A). There are no explicit offences or penalties outlined in the declaration itself; however, the declaration is a legislative instrument and is subject to disallowance under the Legislation Act. Any failure to comply with the statutory conditions or procedural requirements could potentially lead to legal challenges or other consequences as defined under the Legislation Act. The maximum penalties for such breaches would depend on the specific nature of the non-compliance and the subsequent legal actions taken.

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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.