Overview

The Legislative Instruments (Agricultural Export Instruments) Sunset-altering Declaration 2014 was enacted to address the need for a coordinated approach to the sunsetting of multiple legislative instruments in the agricultural export sector. This declaration was made under the Legislative Instruments Act 2003 (LIA) by the Attorney-General, in accordance with section 51A, and is subject to disallowance provisions. The primary objective of this declaration is to streamline the legislative process by aligning the sunsetting dates of various related instruments, thereby reducing administrative burden and avoiding legislative inconsistencies. The sunsetting dates for the specified instruments were set to a uniform date of 1 April 2020, ensuring that they all cease to be in force on the same day. This approach facilitates a comprehensive review of the instruments and allows for their efficient repeal once the review is complete. The declaration was made following a regulatory impact analysis which indicated low negative impact, and it was assessed as fully compatible with human rights obligations. The declaration was developed after considering statutory preconditions and underwent consultation with relevant departments. It was determined that further consultation was unnecessary as the declaration did not significantly alter existing arrangements or interfere with other planned reviews. The Legislative Instruments (Agricultural Export Instruments) Sunset-altering Declaration 2014 thus serves to maintain the integrity and efficiency of the legislative framework governing agricultural exports, ensuring that it remains current and effective.

Scope and Application

The Legislative Instruments (Agricultural Export Instruments) Sunset-altering Declaration 2014 applies to the legislative instruments listed in Schedule 1, which are associated with the regulation of agricultural exports in Australia. These instruments are related to various aspects of the export of meat, livestock, and other agricultural products. The declaration is made under paragraph 51A(1) of the Legislative Instruments Act 2003 (LIA) and is a legislative instrument itself, subject to disallowance provisions. It aims to align the sunsetting dates of these instruments to ensure they do not remain in force longer than necessary and to avoid inconsistencies. The declaration applies nationally, as it is a Commonwealth legislative instrument. There are no stated exclusions or exemptions, but the sunsetting of these instruments is limited to facilitating their review and potential remaking. The Attorney-General must be satisfied that specific statutory conditions are met before making such a declaration. This declaration remains in force only until 2 April 2020, one day after the aligned sunsetting date of the legislative instruments it affects.

Key Provisions

The Legislative Instruments (Agricultural Export Instruments) Sunset-altering Declaration 2014 (the Declaration) primarily aligns the sunsetting dates of various agricultural export instruments to 1 April 2020, as provided in section 4. These instruments, which include regulations, orders, and declarations related to the Australian meat and livestock industry, were previously scheduled to sunset between 1 April 2015 and 1 April 2022. The alignment ensures that these instruments will all cease to be in force on 1 April 2020 instead of their individually scheduled sunsetting dates. The Declaration is made under paragraph 51A(1) of the Legislative Instruments Act 2003 (LIA) and is subject to disallowance, as per section 3. The Declaration imposes specific obligations on the Attorney-General and the relevant rule makers. Firstly, the rule maker must apply to the Attorney-General to align the sunsetting dates of the relevant instruments. Secondly, the Attorney-General must be satisfied that the statutory conditions outlined in section 51A of the LIA are met. These conditions include ensuring that the instruments would otherwise be repealed by section 50 of the LIA, that they are or will be the subject of a single review, and that the alignment facilitates the undertaking of the review. Once these conditions are satisfied, the Attorney-General makes the Declaration, which is a legislative instrument itself and subject to disallowance. In terms of consequences for non-compliance, the Declaration does not specify any direct offences or penalties. However, the instruments whose sunsetting dates are aligned by the Declaration would cease to have legal effect on 1 April 2020. Failure to comply with these instruments after their sunsetting date could result in legal consequences, such as fines or other penalties, under the primary legislation that these instruments support. Additionally, the Declaration itself is subject to disallowance, meaning that it can be annulled by resolution of either House of the Parliament within the period specified in the LIA. Finally, the Declaration also specifies that it will be repealed on 2 April 2020, which is the day after the aligned sunsetting day. This ensures that the Declaration remains in force only as long as it is needed, thereby avoiding unnecessary legislative clutter. The repealed Declaration and the aligned sunsetting instruments are available on the whole-of-government ComLaw website for reference.