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  

(1)    
If:


(a) a legislative instrument would (apart from this section) be repealed by section 50 or 51A on a particular day (the sunsetting day ); and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

then:


(c) the Attorney-General may issue a certificate providing that the first-mentioned instrument is repealed by this section on a 1 April or 1 October that is on or before the second anniversary of the sunsetting day and that is specified in the certificate; and


(d) if the Attorney-General issues the certificate, the first-mentioned instrument is repealed by this section on the specified day instead of the sunsetting day, unless the instrument has been repealed earlier.


(2)    
(Repealed by No 78 of 2018)


(3)    


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

(4)    


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.

(5)    


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

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.