Legislation Act 2003

Chapter 3 - Legislative instruments and notifiable instruments  

Part 4 - Sunsetting of legislative instruments  

SECTION 51   Attorney-General may defer sunsetting in certain circumstances  


(a) a legislative instrument would (apart from this section) be repealed by section 50 or 51A on a particular day (the sunsetting day ); and

(b) the Attorney-General is satisfied, on written application by the rule-maker:

(i) that the instrument would (apart from the operation of this Part) be likely to cease to be in force within 24 months after the sunsetting day; or

(ii) that an instrument proposed to be made in substitution for the instrument will not be able to be completed before the sunsetting day for reasons that the rule-maker could not have foreseen and avoided or because the dissolution or expiration of the House of Representatives or the prorogation of the Parliament renders it inappropriate to make a replacement instrument before a new government is formed;

(iii) that the Attorney-General has approved this Part not applying to the instrument;


(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument is repealed by this section on a 1 April or 1 October that is on or before the second anniversary of the sunsetting day and that is specified in the certificate; and

(d) if the Attorney-General issues the certificate, the first-mentioned instrument is repealed by this section on the specified day instead of the sunsetting day, unless the instrument has been repealed earlier.

(Repealed by No 78 of 2018)


A certificate issued under paragraph (1)(c) is a legislative instrument.


Section 42 does not apply to a certificate issued under paragraph (1)(c) if the day specified in the certificate is on or before the first anniversary of the sunsetting day.


The explanatory statement for a certificate issued under paragraph (1)(c) must include a statement of the reasons for the issue of the certificate.

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