Overview

The Legislation (Deferral of Sunsetting—Child Care Benefit Instruments) Certificate 2016 was enacted to address the issue of outdated legislative instruments that would otherwise need to be remade prior to their repeal and replacement. The Certificate was made by the Attorney-General under the authority of the Legislation Act 2003 and is not subject to disallowance. The primary purpose of the Certificate is to defer the sunsetting day of specified legislative instruments for a period of either six or twelve months, thereby preventing the administrative burden of remaking instruments that would have a limited duration before their repeal. The Certificate was issued following consultation with the Minister for Education and Training, who provided reasons supporting its issuance. The Certificate is consistent with the policy intent of the sunsetting arrangements and does not significantly alter existing arrangements. It is important to note that this Certificate is a legislative instrument and must be registered on the Federal Register of Legislation, although it is not subject to disallowance.

Scope and Application

The Legislation (Deferral of Sunsetting—Child Care Benefit Instruments) Certificate 2016 applies to the 15 legislative instruments listed in the certificate, which are related to child care benefits and would otherwise sunset on 1 October 2016 or 1 April 2017. The certificate defers the sunsetting of these instruments, meaning they will now cease to be in force on 1 October 2017, thereby extending their operation for a limited period. The certificate was issued by the Attorney-General under the authority of the Legislation Act 2003, and it is a legislative instrument that is not subject to disallowance. The certificate is applicable to the Commonwealth of Australia and is intended to remove the administrative burden of remaking the instruments that would have a limited duration prior to their repeal and potential replacement. The certificate does not significantly alter existing arrangements and was issued in accordance with the statutory preconditions set out in the Legislation Act 2003. The deferral of sunsetting is limited to a period of six or 12 months, and subordinate instruments may be used to extend or restrict application if necessary.

Key Provisions

The Legislation (Deferral of Sunsetting—Child Care Benefit Instruments) Certificate 2016 (referred to as the Certificate) is a legislative instrument issued under the authority of section 51(1)(c) of the Legislation Act 2003 (LA) (Sections 1, 3, and 4). The Certificate defers the sunsetting day for certain child care benefit instruments from either 1 October 2016 or 1 April 2017 to 1 October 2017 (Section 6). The Certificate is named the Legislation (Deferral of Sunsetting—Child Care Benefit Instruments) Certificate 2016 and it commences on the day after it is registered (Sections 1 and 2). It is not subject to disallowance (Legislation (Exemptions and Other Matters) Regulation 2015, section 10, item 19). The Certificate imposes certain obligations and requirements on the parties governed by the child care benefit instruments it affects. Specifically, the instruments that are subject to this Certificate will now remain in force until 1 October 2017 instead of their previously scheduled sunsetting dates. This allows the relevant stakeholders, such as the Department of Education and Training, to continue to rely on these instruments until the new sunsetting date specified in the Certificate. There are no offences, penalties, or civil/criminal consequences specified in the Certificate itself. However, the failure to comply with the provisions of the child care benefit instruments after their sunsetting date could potentially lead to legal or financial consequences, depending on the specific terms of the instruments and any applicable laws. It is important for parties governed by these instruments to ensure that they are aware of and comply with their obligations under the instruments until the specified sunsetting date. The Attorney-General issued this Certificate after considering the general obligation to consult imposed by section 17 of the LA. The Minister for Education and Training advised 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. Further consultation was deemed unnecessary. In summary, the Legislation (Deferral of Sunsetting—Child Care Benefit Instruments) Certificate 2016 defers the sunsetting date of certain child care benefit instruments from either 1 October 2016 or 1 April 2017 to 1 October 2017. It imposes obligations on the parties governed by these instruments to comply with their provisions until the new sunsetting date. While the Certificate itself does not specify any offences, penalties, or civil/criminal consequences, failure to comply with the provisions of the child care benefit instruments after their sunsetting date could potentially lead to legal or financial consequences.