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Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015

Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015

Administered by Attorney-General's Department

Legislation au F2015L00380 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Attorney‑General
in compliance with section 26 of the Legislative Instruments Act 2003

INTRODUCTION

This certificate was made under paragraph 51(1)(c) of the Legislative Instruments Act 2003 (the LIA) and is a legislative instrument for the purposes of the LIA. The LIA provides that a certificate issued by the Attorney-General under subsection 51(1) of the LIA is not subject to the disallowance provisions of the LIA. Accordingly, a human rights statement of compatibility is not required.

OUTLINE

The purpose of Part 6 of the LIA on sunsetting of legislative instruments 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 for an instrument for a period of 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 when they are already fit-for-purpose.

PROCESS BEFORE CERTIFICATE WAS MADE

Regulatory impact analysis

Before this certificate was issued, its expected impact was assessed using the Preliminary Assessment tool approved by the Office of Best Practice Regulation (OBPR). The OBPR considered that the proposal could be expected to have a minor impact on business and community organisations because of the short term of the deferral. Therefore, a RIS or an agency ‘assessment of the performance’ of the proposal was not required.

Consultation before making

Before this certificate was issued, the Attorney‑General considered the general obligation to consult imposed by section 17 of the LIA, and the specific circumstances where consultation may be unnecessary or inappropriate set out in section 18. Consultation involved the Deputy Prime Minister advising the Attorney‑General of the reasons for issuing a certificate to defer the sunsetting days of the particular instrument. The certificate 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 LIA 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 LIA requires:

- the responsible rule maker to apply to the Attorney-General in writing

- the Attorney-General to be satisfied that the instrument meets the statutory conditions, and

- the Attorney-General to make a certificate that includes a statement of reasons for the issue of the certificate—this certificate must be registered (LIA s 51(3)) but is exempt from disallowance (LIA s 44(2), item 43).

More information

The detail of the certificate is provided in Attachment A.

A copy of the instrument which is the subject of this certificate, and which will now sunset at a later day as specified in this certificate, is available on the whole‑of‑government ComLaw websitehttp://www.comlaw.gov.au.

Further information about an instrument may be requested from the Attorney-General’s Department.

ATTACHMENT A

NOTES ON THE CERTIFICATE

Section 1 Name of certificate

This section provides for the certificate to be named as the Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015. The certificate may be cited by that name.

Section 2 Commencement

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

Section 3 Authority

This section provides that the certificate is made under paragraph 51(1)(c) of the Legislative Instruments Act 2003.

Section 4 Definitions

This section defines ‘Act’ to mean the Legislative Instruments Act 2003, for the purposes of the certificate.

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 provides that the Attorney-General is satisfied that the relevant instrument would (apart from the operation of Part 6 of the Act) be likely to cease to be in force within 12 months after the sunsetting day, as required by subparagraph 51(1)(b)(i) of the Act.

Section 6 Deferral of sunsetting of the instrument

This section provides that the Dispensation Guidelines made under subsection 20(5) of the Sydney Airport Curfew Act 1995, for which the sunsetting day is 1 April 2015, are taken to cease to be in force under section 51 of the Act on 1 April 2016.

Section 7 Repeal

This section provides that the certificate is repealed on 2 April 2016.

Overview

The Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015 was introduced to address the issue of outdated or unnecessary legislative instruments by deferring their sunsetting date. This certificate was issued under paragraph 51(1)(c) of the Legislative Instruments Act 2003 (LIA), which allows the Attorney-General to defer the sunsetting of an instrument for up to 12 months. This legislative instrument was created to ensure that instruments which are still fit for purpose do not need to be remade, thereby reducing administrative burdens. The certificate was registered by the Attorney-General, who is satisfied that the statutory conditions for the deferral were met. Consequently, the Sydney Airport Curfew Dispensation Guidelines, which were set to sunset on 1 April 2015, will now cease to be in force on 1 April 2016. This certificate is not subject to disallowance as per section 44(2) of the LIA.

Scope and Application

The Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015 applies to the Dispensation Guidelines made under the Sydney Airport Curfew Act 1995, specifically deferring their sunsetting date from 1 April 2015 to 1 April 2016. The Act allows the Attorney-General to defer the sunsetting of certain legislative instruments for a period of up to 12 months when it is deemed necessary and appropriate, thus preventing the administrative burden of remaking instruments that are still fit for purpose. This deferral is specific to the Dispensation Guidelines under the Sydney Airport Curfew Act 1995 and does not extend to other legislative instruments unless separately addressed. The deferral applies within the Commonwealth jurisdiction, impacting those entities and persons governed by the Sydney Airport Curfew Act 1995. The certificate is exempt from disallowance as per section 44(2), item 43, of the Legislative Instruments Act 2003, and does not require a human rights statement of compatibility due to its nature as a deferral certificate. Any further extensions or modifications to the application of this Act would need to be addressed through additional legislative instruments.

Key Provisions

The key provisions of the Legislative Instruments (Deferral of Sunsetting—Sydney Airport Curfew Dispensation Guidelines) Certificate 2015 primarily revolve around the deferral of the sunsetting of the Sydney Airport Curfew Dispensation Guidelines (sections 1-7). The certificate, made under section 51(1)(c) of the Legislative Instruments Act 2003 (LIA), allows for the postponement of the sunsetting day of these guidelines for a period of one year. This means that instead of ceasing to be in force on 1 April 2015, the guidelines will now sunset on 1 April 2016. The certificate, once registered, will come into effect on the day of its registration. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily procedural. The responsible rule maker must apply to the Attorney-General in writing, who must then be satisfied that the instrument meets the statutory conditions before issuing the certificate (section 51(1) LIA). The Attorney-General must also provide a statement of reasons for the issuance of the certificate, as required by section 51(2)(a) of the LIA. The certificate itself is subject to registration, and it must be repealed once the deferred sunsetting day has passed (section 7). The Legislative Instruments Act 2003 does not explicitly outline offences, penalties, or civil/criminal consequences for breach in the context of this particular certificate. However, it is important to note that failure to comply with the statutory conditions for issuing a deferral certificate or any other procedural requirements could lead to the certificate being deemed invalid. This could potentially result in the guidelines sunsetting on the originally scheduled date, which might lead to operational disruptions or legal challenges. The potential impact on business and community organisations is considered minor due to the short term of the deferral, as assessed by the Office of Best Practice Regulation.

Instrument: Certificate
Concepts: Commencement Provisions; Regulatory Standards; Transitional Provisions
Catchwords: Deferral of sunsetting

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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