Explanatory Statement

Issued by authority of the Attorney-General in compliance with section 15J of the Legislation Act 2003

Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025

Legislation Act 2003

PURPOSE AND OPERATION OF THE INSTRUMENT

The Legislation Act 2003 (Legislation Act) establishes a comprehensive regime for the publication of Commonwealth Acts and instruments. It also provides for the registration, tabling, parliamentary scrutiny, disallowance and sunsetting of instruments.

Section 62 of the Legislation Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed by regulation, or necessary or convenient to be prescribed, for carrying out or giving effect to that Act.

Part 4 of Chapter 3 of the Legislation Act provides for the sunsetting of legislative instruments. Sunsetting is the process by which instruments are automatically repealed after a fixed period of time, generally 10 years after their registration, unless steps are taken to preserve their operation, or the instruments are exempt from sunsetting. As set out in section 49 of the Legislation Act, the purpose of sunsetting is to ensure that legislative instruments continue to be fit-for-purpose and are kept up to date through regular review.

Section 54 of the Legislation Act provides that the sunsetting regime in Part 4 of Chapter 3 does not apply to certain instruments, including instruments which are prescribed by the regulations as being exempt from sunsetting for the purposes of paragraph 54(2)(b) of the Legislation Act.

The Legislation (Exemptions and Other Matters) Regulation 2015 (the Principal Regulations) prescribes instruments that are exempt from sunsetting. The Principal Regulations prescribe classes of legislative instruments (section 11) and particular legislative instruments (section 12) that are exempt from sunsetting under paragraph 54(2)(b) of the Legislation Act. In this way, the Principal Regulations serve as a central source of sunsetting exemptions, facilitating their whole-of-government management and ensuring that accurate sunsetting information can be readily provided to Australian Government agencies, the Parliament and the general public.

The Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025 (the Amendment Regulations) amend the Principal Regulations to prescribe additional legislative instruments as exempt from sunsetting under section 12 of the Principal Regulations.

Exemption from sunsetting – regulations made under the National Measurement Act 1960

Consistent with modern drafting practices, the Amendment Regulations exempt all regulations made under the National Measurement Act 1960 (NMA) from sunsetting under section 12 of the Principal Regulations. The exemption applies to the National Measurement Regulations 1999 (the NMR) and the National Trade Measurement Regulations 2009 (the NTMR), both of which are made under section 20 of the NMA.

National Measurement Regulations 1999

The NMR supports the establishment and operation of the national measurement system under the NMA, including specifying units of measurement, and prescribing certain matters relating to verification of a standard of measurement, certification of a reference material or measuring instrument, and approval of the pattern of a measuring instrument.

It is appropriate that the NMR be exempt from sunsetting because it meets the following criteria provided in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments:

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sufficiently large and complex that the administrative burden associated with remaking the instrument would outweigh any regulatory benefit,

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subject to regular review, and

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subject to regular amendment.

Sufficiently large and complex

The NMR is a large and technically complex instrument containing the fundamental elements of Australia's measurement system including the 88 units of measurement that comprise the Australian legal units of measurement (ALUMs). The ALUMs provide the core definitions for units of measurement used across Australia for trade and regulatory purposes, including the kilogram, the metre and second. The ALUMs are mandated for almost all contracts in Australia, with few exceptions.

Remaking the NMR every 10 years would involve a significant administrative burden which would outweigh any regulatory benefit. This is due to the complex and interconnected nature of the Australian measurement system, the broad role that measurement has across Australian society (including for trade, health, safety and food), the requirement for extensive consultation with industry and across Commonwealth, State and Territory governments, and the need for continued and ongoing transitional provisions including for verification and certification.

Progressive amendments to the NMR to ensure the ALUMs are comparable and consistent worldwide are more beneficial to stakeholders and better suited to the operational context.

Subject to regular review and amendment

The NMR is subject to regular review and amendment, having been amended on 15 occasions since commencing in 1999. Each of these amendments has provided an opportunity for incremental changes to be made to the NMR, and to undertake targeted consultation.

Since 2017, review of the NMR has been part of a broader review and reform of Australia's measurement legislation. This has included multi-year consultations with different stakeholder groups, the development of reform options, and the drafting of new legislation. A draft Measurement Bill is currently under development and the NMR will continue to be subject to broader review processes until replacement legislation commences. This will include replacement of both the NMA and NMR.

For the reasons outlined above, it is not suitable to subject the NMR to the requirements of sunsetting given the instrument is sufficiently large and complex, the administrative burden associated with remaking the instrument would outweigh any regulatory benefit, and it is subject to regular review and amendment.

National Trade Measurement Regulations 2009

The NTMR establishes a national system of trade management, providing consistency and certainty across Australia for all retail and wholesale transactions where measurement determines price.

It is appropriate that the NTMR be exempt from sunsetting as commercial certainty would be undermined by a 10-year sunsetting period, pursuant to the criterion provided in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments.

Commercial certainty

It is appropriate to exempt the NTMR from sunsetting to ensure commercial certainty for all retail and wholesale transactions across Australia which are subject to the national measurement system's requirements for measuring instruments.

Trade transactions involving measurement account for over half of Australia's Gross National Income, with the total economic coverage of measurement estimated to be at least $1 trillion per annum. The NTMR implements various requirements on measuring instruments 'used in trade' to help ensure the measurements used are accurate. This includes requirements applying to measuring instruments such as utility meters (gas, electric and water) and weighbridges. These measuring instruments have a design life and investment period of 15 to 25 years. Remaking the NTMR every 10 years would create uncertainty for businesses who are responsible for utility meters or weighbridges used in trade, including businesses who operate, sell or maintain the measuring instruments.

For example, regulatory certainty is particularly important for companies operating in the gas, electricity and water supply industries, as investment decisions relating to utility meters can be valued in the hundreds of millions of dollars. For weighbridges, which are designed for a long service life of 20 years or more, business investment decisions rely on weighbridge build requirements that will apply for the life of the measuring instrument, which is significantly longer than 10 years.

For the reasons outlined above, it is not suitable to subject the NTMR to the requirements of sunsetting as it would undermine commercial certainty.

Exemption from sunsetting – instruments made under the Fair Work Act 2009

The Amendment Regulations exempt the following legislative instruments (the Fair Work Codes) made under the Fair Work Act 2009 (FWA) from sunsetting under section 12 of the Principal Regulations:

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the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024 (Deactivation Code) made under subsection 536LJ(1) of the FWA,

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the Fair Work (Road Transport Industry Termination Code) Instrument 2024 (Termination Code) made under subsection 536LN(1) of the FWA, and

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the Voluntary Small Business Wage Compliance Code Declaration 2024 (Wage Compliance Code) made under subsection 327B(1) of the FWA.

The Deactivation Code and Termination Code support the FWA as they are relevant to the Fair Work Commission's (FWC) determination of whether a regulated worker has been unfairly deactivated or unfairly terminated. Compliance with the Wage Compliance Code provides assurance to small business employers that they will not be referred for criminal prosecution if they unintentionally underpay their employees.

It is appropriate that the Fair Work Codes be exempt from sunsetting as they meet the following criteria provided in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments:

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the instruments are part of an intergovernmental scheme, and

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commercial certainty would be undermined by sunsetting.

Intergovernmental scheme

The Fair Work Codes are made under the FWA, which is integral to the Intergovernmental Agreement for a National Workplace Relations System for the Private Sector (2009) (the IGA), an intergovernmental scheme supported by a referral of powers to the Commonwealth. The national workplace relations system, underpinned by the FWA and Fair Work legislative instruments, relies on the ongoing cooperation of referring states. Considering the consultation requirements placed on the amendment of Fair Work legislation by the IGA, it is not appropriate that any legislative instruments enabled by Fair Work legislation be subject to repeal via a unilateral sunsetting process.

Commercial certainty

The Deactivation and Termination Codes

The Deactivation and Termination Codes outline the circumstances and process for deactivation or termination of regulated workers. Subjecting the Codes to the sunsetting regime and requiring them to be reviewed and replaced every 10 years would undermine business certainty for regulated workers, digital labour platform operators and road transport businesses.

The Deactivation and Termination Codes were developed after extended negotiations to create a balance between the rights of workers and businesses. Subjecting the Codes to review and replacement would require renewed negotiation and create considerable uncertainty for regulated workers and businesses in the lead-up to the sunsetting period.

The Wage Compliance Code

If a small business employer underpays their employees but the Fair Work Ombudsman (FWO) is satisfied that they complied with the Wage Compliance Code, the FWO must not refer the employer for criminal prosecution. The sunsetting, repeal and revision of the Wage Compliance Code would undermine commercial certainty for small businesses employers who had been and are continuing to comply with the Code by creating doubt about whether their conduct might be referred for criminal prosecution.

For the reasons outlined above, it is not suitable to subject the Fair Work Codes to the requirements of sunsetting as they are a part of an intergovernmental scheme, and sunsetting would undermine commercial certainty.

Exemption from sunsetting – instruments made under subsection 14(1) of the Low Aromatic Fuel Act 2013

The Amendment Regulations exempt all instruments made under subsection 14(1) of the Low Aromatic Fuel Act 2013 (LAF Act) from sunsetting under section 12 of the Principal Regulations. This includes four existing instruments (the LAF instruments):

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the Low Aromatic Fuel (Designated Area) (Great Palm Island) Instrument 2015,

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the Low Aromatic Fuel (Designated Areas) (Barkly Region) Instrument 2016,

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the Low Aromatic Fuel (Designated Areas) (Daly Region) Instrument 2016, and

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the Low Aromatic Fuel (Designated Areas) (Katherine Region) Instrument 2016.

The LAF Instruments designate three Low Aromatic Fuel Areas across the Northern Territory and one Low Aromatic Fuel Area in Queensland.

In an area designated as a 'low aromatic fuel area' it is an offense to supply, transport to supply or possess to supply regular unleaded petrol to a person.

Pursuant to the criterion provided in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments, it is appropriate that instruments made under subsection 14(1) of the LAF Act be exempt from sunsetting as the instruments are subject to a more stringent statutory review process than is set out in the Legislation Act and preserving that process is important.

The instruments are subject to a more stringent statutory review process than is set out in the Legislation Act, and preserving that process is important

Section 18 of the LAF Act requires the Minister for Indigenous Australians to cause a review of its operation, including the legislative instruments, every 5 years. A report of this review is then required to be tabled in Parliament and, in practice, is also published on the National Indigenous Australians Agency (NIAA) website. Since the LAF Act's commencement, two statutory reviews have been undertaken.

Discussion of volatile substance use (VSU) in public spaces and fora can lead to an increase of VSU as a result of people learning how and what to do. Additionally, public discussion has the potential to cause unrest within communities. Accordingly, consultation on VSU matters is best handled in a targeted manner with industry and community stakeholders. This is the lower-risk approach taken by the 5-yearly statutory reviews under the LAF Act.

By comparison, due to the stringent consultation requirements for the making of instruments under subsection 14(1) of the LAF Act, subjecting the instruments to sunsetting would require a process of broader public consultation with impacted communities. The NIAA holds serious concerns for the potential harm caused by the broader public consultation process.

For the reasons outlined above, it is not suitable to subject instruments made under subsection 14(1) of the LAF Act to the requirements of sunsetting as they are already subject to a more stringent statutory review process than is set out in the Legislation Act and preserving that process is important as it is better able to support community health and wellbeing.

CONSULTATION

Before the Amendment Regulations were issued, the Attorney-General considered the general obligation to consult imposed by section 17 of the Legislation Act.

The Minister for Industry and Innovation and Minister for Science, Senator the Hon Tim Ayres, who has portfolio responsibility for the NMA and associated regulations, wrote to the Attorney-General requesting that the exemptions for the NMR and NTMR be made. The Department of Industry, Science and Resources has undertaken significant consultation with relevant stakeholders as part of the thematic review of the current measurement legislation and reform options. There was universal support across stakeholders for key elements of the current legislative framework, with a number of improvements suggested. Stakeholders were satisfied that the NMA and associated regulations would be replaced as a result of the current review, and no issues have been raised in relation to these exemptions from sunsetting.

The Minister for Employment and Workplace Relations, the Hon Amanda Rishworth MP, who has portfolio responsibility for the FWA and associated legislative instruments, wrote to the Attorney-General requesting that the exemptions for the Fair Work Codes be made. The Department of Employment and Workplace Relations consulted with the FWC and FWO and no issues were raised in relation to this exemption from sunsetting.

The Minister for Indigenous Australians, Senator the Hon Malarndirri McCarthy, who has portfolio responsibility for the LAF Act and associated regulations, wrote to the Attorney-General requesting that the exemptions for instruments made under subsection 14(1) of the LAF Act be made. The NIAA consulted with relevant peak bodies, service providers including state and territory health services and police, local government organisations and community representative organisations in areas affected by the existing instruments. The NIAA also engaged with the low aromatic fuel supplier that manages the upstream fuel supply chain that has supported fuel supply to the areas affected by the existing instruments since 2014. A significant majority of stakeholders were supportive of the exemption and the continuation of the existing instruments, and stakeholders unanimously recognised and supported the health outcomes achieved by the instruments.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025

The Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025 (the Amendment Regulations) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the Human Rights Act).

Overview

The Legislation Act 2003 (Legislation Act) establishes a comprehensive regime for the publication of Commonwealth Acts and Instruments and provides for the sunsetting of legislative instruments. Sunsetting is the process by which instruments are automatically repealed approximately 10 years after they are made unless steps are taken to preserve their operation or the instruments are exempt from sunsetting.

The Legislation (Exemptions and Other Matters) Regulation 2015 (the Principal Regulation) prescribes classes of instruments (at section 11) and particular instruments (at section 12) that are exempt from sunsetting under paragraph 54(2)(b) of the Legislation Act.

The Amendment Regulations are made under section 62 of the Legislation Act and amend the Principal Regulation by adding table items 27(ba), 27(ca), 27(cb), 37A and 43A to section 12 of the Principal Regulations to create exemptions from sunsetting for the following instruments:

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the National Measurement Regulations 1999 (NMR),

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the National Trade Measurement Regulations 2009 (NTMR),

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all legislative instruments made under subsection 14(1) of the Low Aromatic Fuel Act 2013 (LAF Act),

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the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024 (Deactivation Code),

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the Fair Work (Road Transport Industry Termination Code) Instrument 2024 (Termination Code), and

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the Voluntary Small Business Wage Compliance Code Declaration 2024 (Wage Compliance Code).

The sunsetting exemptions made by the Amendment Regulations are in accordance with established policy criteria for the granting of exemptions, provided for in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments. There are two regulations made under section 20 of the NMA, the National Measurement Regulations 1999 (NMR) and the National Trade Measurement Regulations 2009 (NTMR). Sunsetting the NMTR would undermine commercial certainty. The NMR is sufficiently large and complex that the administrative burden associated with remaking the instrument would outweigh any regulatory benefit, and it is subject to regular review and to regular amendment. Instruments made under made under subsection 14(1) of the LAF Act are subject to a more stringent statutory review process than is set out in the Legislation Act and preserving that process is important. Sunsetting exemptions for the Deactivation Code, Termination Code and Wage Compliance Code are justified on the basis that the instruments are part of an intergovernmental scheme and commercial certainty would be undermined by sunsetting.

Human Rights Implications

The Amendment Regulations provide exemptions from sunsetting for the NMR, NTMR,

Deactivation Code, Termination Code, Wage Compliance Code and all instruments made under subsection 14(1) of the LAF Act. The exemptions from sunsetting of these instruments do not raise human rights issues as the content of the exempted instruments is not altered, nor do the exemptions affect the rights engaged under the original instruments. All instruments that amend these instruments have been assessed for compatibility with human rights and their respective explanatory statements accordingly include compatibility statements.

Instruments made under subsection 14(1) of the LAF Act

The LAF Act is designed to reduce volatile substance use involving petrol through promoting the supply of low aromatic fuel and controlling the supply of other fuels in certain areas. Subsection 14(1) of the LAF Act allows the minister to designate low aromatic fuel areas. There are currently four instruments designating low aromatic fuel areas in Queensland and the Northern Territory:

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the Low Aromatic Fuel (Designated Area) (Great Palm Island) Instrument 2015,

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the Low Aromatic Fuel (Designated Areas) (Barkly Region) Instrument 2016,

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the Low Aromatic Fuel (Designated Areas) (Daly Region) Instrument 2016, and

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the Low Aromatic Fuel (Designated Areas) (Katherine Region) Instrument 2016.

The instruments made under subsection 14(1) of the LAF Act engage the right to health under Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and are 'special measures' under the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).

Article 12 of the ICESCR (Right to health)

Article 12 of the ICESCR recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Under General Comment 14, the obligation to fulfill the right to health requires the Australian Government to take positive measures that enable individuals and communities to enjoy the right to health, including giving sufficient recognition to the right to health in national political and legal systems, preferably by way of legislative implementation.

Volatile substance use (VSU) is the deliberate inhalation of fumes or vapours for their intoxicating effects. Products commonly used for VSU include petrol, solvents, spray paints and aerosols. Volatile substances are toxic and can cause significant health issues, including respiratory problems, brain damage and death. The physical impacts of VSU have been connected to a range of social problems including low school attendance and anti-social behaviour.

The replacement of regular unleaded petrol with low aromatic fuel is effective in reducing VSU involving petrol. The instruments made under subsection 14(1) of the LAF Act help reduce VSU and resultant harm, supporting rights under Article 12 of the ICESCR.

Article 1(4) of the ICERD ('Special measures')

To the extent that the practical operation of the instruments made under subsection 14(1) of the LAF Act means that Aboriginal and Torres Strait Islander peoples do not enjoy certain human rights to the same extent as other persons, the instruments are intended to be a 'special measure' within the meaning of Article 1(4) of the ICERD and subsection 8(1) of the Racial Discrimination Act 1975.

VSU involving petrol has disproportionately affected Aboriginal and Torres Strait Islander peoples in remote parts of Australia. The four designated low aromatic fuel areas have effect in certain geographical regions with a high proportion of Aboriginal and Torres Strait Islander peoples. This means that, as a result of the instruments, Aboriginal and Torres Strait Islander peoples in designated areas cannot enjoy certain human rights (such as the right to own property in Article 5(d)(v) of the ICERD) to the same extent as other persons.

'Special measures' are an exception to the general prohibition on racial discrimination and are designed to 'secure to disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms'.^[1] To be characterised as a 'special measure', a measure must:

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be for a particular group or individuals,

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be taken for the sole purpose of securing the adequate advancement of those groups or individuals,

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be 'necessary', and

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not continue after its objectives have been achieved.

The instruments made under subsection 14(1) of the LAF Act meet these criteria.

To the extent that they impact human rights, the purpose of the instruments under subsection 14(1) of the LAF Act is to protect Aboriginal and Torres Strait Islander peoples living in designated low aromatic fuel areas from the negative impacts of VSU so as to ensure their equal enjoyment of their human rights (such as the right to health in Article 12 of the ICESCR). The instrument is necessary to reduce Aboriginal and Torres Strait Islander VSU and resultant harm in the designated areas.

The instruments are also subject to statutory review more regularly than the 10 yearly sunsetting period. Section 18 of the LAF Act requires the Minister for Indigenous Australians to cause a review of its operations every 5 years. Once completed a report of the review is required to be tabled in each House of Parliament. Given the LAF Act does not have any effect without the use of legislative instruments, it would not be possible to review the LAF Act's operations without also reviewing the legislative instruments made under its authority. There have been two statutory reviews undertaken to date (completed in 2019 and 2024) which involved comprehensive consultation processes, carefully designed to minimise known risks of significant and avoidable harm which are brought about by public campaigns and discussions of VSU.

National Trade Measurement Regulations 2009

The NTMR engages the criminal process rights under Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

Article 14 of the ICCPR

The NTMR are compatible with human rights because, to the extent that they may limit human rights, those limitations are reasonable, necessary and proportionate. The NTMR engage the criminal process rights in Article 14 of the International Covenant on Civil and Political Rights as sections 1.6 and 5.2, and divisions 2.1, 3.1 and 3.2, include strict liability offences. The offence provisions have been developed to be consistent with the Attorney-General's Department's Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers. These limitations on criminal process rights are reasonable and necessary to protect against the significant harm of a breach of the NTMR to society and industry, and proportionate to the potential harm.

Any instruments that amend the newly exempted instruments will be assessed for compatibility with human rights and accordingly include compatibility statements.

National Measurement Regulations 1999

The exemption for the NMR does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The NMR also does not limit any human right, nor propose any offences or penalties. The NMR is therefore compatible with the human rights and freedoms as they do not raise any human right issues.

Deactivation Code, Termination Code and Wage Compliance Code

As evidenced in the explanatory statements published when the instruments were made, the instruments engage rights declared by the international instruments set out in section 3 of the Human Rights Act: the right to work, the right of everyone to the enjoyment of just and favourable working conditions and the right to an effective remedy for persons who have suffered human rights violations.

The Deactivation Code, Termination Code and Wage Compliance Code are compatible with human rights because they positively promote and engage rights.

Article 6 and 7 of the ICESCR

Article 6 of the ICESCR recognises the right to work and Article 7 recognises the right of everyone to the enjoyment of just and favourable working conditions.

The Deactivation Code promotes the right to work and rights in work by establishing safeguards against an operator unfairly deactivating a worker from a platform, ensuring the worker's rights are upheld. The Termination Code promotes the right to work and rights in work by establishing safeguards against unfairly terminating a services contract, protecting the contractor's right to work by preventing them from being deprived of work unfairly. The Wage Compliance Code promotes the right to work and rights in work by setting out actions small business employers can take to comply with their obligations to correctly pay employees, aiming to improve compliance with workplace laws.

Therefore, the right to work and rights in work are engaged and protected by the Deactivation Code, Termination Code and Wage Compliance Code.

Article 2(3) of the ICCPR

Article 2(3) of the ICCPR provides the right to an effective remedy for persons who have suffered human rights violations, such as a violation of the right to enjoyment of just and favourable conditions of work. The United Nations Human Rights Committee has stated that the right to an effective remedy encompasses an obligation to bring to justice perpetrators of human rights abuses and to provide appropriate reparation to the persons who have suffered human rights abuses.

The Wage Compliance Code positively engages the right to an effective remedy as it encourages employer compliance with workplace obligations, while ensuring that effective remedies remain available where an employee has been underpaid. Where a small business employer has complied with the Code and has not intended to deprive an employee of their lawful entitlements, it is appropriate that the employer can seek assurance that they will not be referred for criminal prosecution. However, regardless of whether assurance is granted under the Code, conduct leading to an underpayment may still be subject to regulatory action (including civil penalties under the FWA's civil penalty regime), and small business employers will be required to remediate any known underpayments so that the affected employee can receive their full entitlements.

Article 17 of the ICCPR

Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence.

The Deactivation Code leverages an operator's existing Privacy Act 1988 (Privacy Act) obligations. This is exemplified in subsection 17(1), paragraph 17(2)(b) and sections 21 and 22 of the Deactivation Code which refer to obligations in relation to the protection of personal information under the Privacy Act. By limiting how personal information may be disclosed and ensuring consistency with existing privacy laws, the Deactivation Code protects against unnecessary disclosure of personal information. Therefore, the right to privacy of the worker, and the right to privacy of a user of a platform, are engaged and protected by the Deactivation Code.

The Termination Code also engages the right to privacy as it deals with the treatment of personal information. Section 13 of the Termination Code provides that nothing in Part 2 (which sets out the process for terminating a contract with a regulated contractor) requires the business to contravene any obligations the business has in relation to the protection of personal information within the meaning of the Privacy Act. Therefore, the Termination Code ensures personal information is used and disclosed in accordance with the Privacy Act.

Conclusion

Exemptions from sunsetting do not alter the content of the laws to which those exemptions apply. Sunsetting exemptions merely ensure that the legislative instruments in question are not automatically repealed on the first 1 April or 1 October that falls on or after the tenth anniversary of their registration. The Amendment Regulations are compatible with human rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because where the instruments that are exempted from sunsetting because of the Amendment Regulations engage with human rights, they promote the protection of human rights and, to the extent that they may also limit human rights, those limitations are reasonable, necessary and proportionate. As amending instruments are assessed for compatibility with human rights, the compatibility with human rights of any replacement instruments will be assessed if such an instrument is made.

Attachment A

NOTES ON SECTIONS

Details of the proposed Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025

PART 1 – Preliminary

Section 1 – Name

This section provides that the title of the instrument is the Legislation (Exemptions and Other Matters) Amendment (Sunsetting Exemptions) Regulations 2025 (Amendment Regulations).

Section 2 – Commencement

This section provides that the instrument commences on the day after it is registered.

Section 3 – Authority

This section provides that the instrument is made under the Legislation Act 2003 (Legislation Act).

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to the Amendment Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

SCHEDULE 1 – Amendments

Schedule 1 amends section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (the Principal Regulations) to insert five new exemptions from sunsetting.

For the purposes of paragraph 54(2)(b) of the Legislation Act, section 12 of the Principal Regulations provides that instruments contained in the table to that section are not subject to sunsetting.

Item 1 – Section 12 (table item 27, column headed "Legislative instrument", after paragraph (b))

Item 2 inserts new table item 27(ba) at section 12 of the Principal Regulations. New table item 27(ba) provides an exemption from sunsetting for a declaration made under subsection 327B(1) of the Fair Work Act 2009 (FWA). Under subsection 327B(1) the Minister may, by legislative instrument, declare a Voluntary Small Business Wage Compliance Code. The Voluntary Small Business Wage Compliance Code Declaration 2024 is made under subsection 327B(1).

Pursuant to the policy criteria provided for in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments, the exemption is appropriate on the basis that commercial certainty would be undermined by 10-year sunsetting period, and the instrument is part of an intergovernmental scheme.

The sunsetting exemption created by the Amendment Regulations is justified on this basis.

Item 2 – Section 12 (table item 27, column headed "Legislative instrument", after paragraph (c))

Item 2 inserts new table items 27(ca) and 27(cb) at section 12 of the Principal Regulations. New table item 27(ca) provides an exemption for an instrument made under subsection 536LJ(1) of the FWA. Under that subsection the Minister must, by legislative instrument, make a code to be known as the Digital Labour Platform Deactivation Code. The Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024 is made under subsection 536LJ(1).

New table item 27(cb) provides an exemption from sunsetting for an instrument made under subsection 536LN(1) of the FWA. Under that subsection the Minister may, by legislative instrument, make a code to be known as the Road Transport Industry Termination Code. The Fair Work (Road Transport Industry Termination Code) Instrument 2024 is made under subsection 536LN(1).

Pursuant to the policy criteria provided for in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments, the exemption is appropriate on the basis that commercial certainty would be undermined by 10-year sunsetting period, and the instruments are part of an intergovernmental scheme.

The sunsetting exemption created by the Amendment Regulations is justified on this basis.

Item 3 – Section 12 (after table item 37)

Item 3 inserts new table item 37A at section 12 of the Principal Regulations. New table item 37A provides an exemption from sunsetting for all instruments made under subsection 14(1) of the Low Aromatic Fuel Act 2013. The following instruments are made under that subsection:

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the Low Aromatic Fuel (Designated Area) (Great Palm Island) Instrument 2015,

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the Low Aromatic Fuel (Designated Areas) (Barkly Region) Instrument 2016,

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the Low Aromatic Fuel (Designated Areas) (Daly Region) Instrument 2016, and

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the Low Aromatic Fuel (Designated Areas) (Katherine Region) Instrument 2016.

Pursuant to the policy criteria provided for in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments, the exemption is appropriate on the basis that the instrument is subject to a more stringent statutory review process than is set out in the Legislation Act, and preserving that process is important.

The sunsetting exemption created by the Amendment Regulations is justified on this basis.

Item 4 – Section 12 (after table item 43)

Item 4 inserts new table item 43A at section 12 of the Principal Regulations. New table item 43A provides an exemption from sunsetting for regulations made under the National Measurement Act 1960 (NMA). There are currently two regulations made under section 20 of the NMA, the National Measurement Regulations 1999 (NMR) and the National Trade Measurement Regulations 2009 (NTMR).

Pursuant to the policy criteria provided for in the Attorney-General's Department's Guide to managing sunsetting of legislative instruments, the exemption for the NMR is appropriate as it is:

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sufficiently large and complex that the administrative burden associated with remaking the instrument would outweigh any regulatory benefit,

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subject to regular review, and

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subject to regular amendment.

The exemption for the NTMR is appropriate on the basis that commercial certainty would be undermined by 10-year sunsetting period.

The sunsetting exemptions created by the Amendment Regulations are justified on this basis.