Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon. Josh Frydenberg MP)Chapter 16 Deferral of Sunsetting
Outline of chapter
16.1 Schedule 16 to this Bill grants the relevant Minister the power to determine a new sunset day for legislation that is due to sunset on or before 15 October 2020.
Context of amendments
16.2 The Legislation Act 2003 provides that most laws sunset, or automatically repeal, after a certain date unless they are remade. The sunset date for most legislative instruments is 10 years after registration.
Summary of new law
16.3 Schedule 16 to this Bill allows the relevant Minister for an Act or legislative instrument that is scheduled to sunset on or before 15 October 2020 to determine a new day on which the legislation sunsets. This new date must be no longer than six months after the original sunset date.
Comparison of key features of new law and current law
| New law | Current law |
| The relevant minister for an Act or legislative instrument that is scheduled to sunset on or before 15 October 2020 may determine a new day on which the legislation sunsets. | No equivalent. |
Detailed explanation of new law
16.4 The relevant minister for an Act or legislative instrument that is scheduled to cease to have operation on or before 15 October 2020 may determine a new day on which the legislation would cease to have operation. The new day on which the Act or legislative instrument would cease to have operation must be no longer than six months after the original sunset day. The determination is made by way of legislative instrument. [Schedule 16, subitems 1(1) and (2)]
16.5 For an Act or a provision of an Act that sunsets, the relevant Minister is any Minister who administers the Act. For a legislative instrument, the relevant Minister is any Minister who administers the Act under which that legislative instrument is made. [Schedule 16, subitem 1(5)]
16.6 These provisions apply notwithstanding any other law of the Commonwealth. This overrides any express provision in an Act or legislative instrument. It also overrides the operation of section 50 of the Legislation Act 2003 which provides for the automatic repeal of certain legislative instruments. While section 51 of the Legislation Act 2003 allows for the automatic repeal of a legislative instrument to be deferred, this can only occur for a period of up to two years from the original sunset day. Accordingly, it is necessary to provide an additional mechanism to ensure the continued operation of certain legislative instruments. [Schedule 16, subitem 1(3)]
16.7 Schedule 16 to this Bill captures all legislative provisions which sunset on or before 15 October 2020, regardless of the way that they sunset. This includes where the Act or legislative instrument is automatically repealed by way of express provision or, in the case of legislative instruments, by the operation of section 50 of the Legislation Act 2003. It also captures legislative provisions that, rather than being repealed, cease to have effect beyond a given date. These may be expressed in a number of ways such as a statement that provisions cease to be in force or cease to apply or a statement. [Schedule 16, subitem 1(4)]
Application and transitional provisions
16.8 The amendments in Schedule 16 to this Bill will commence on the day after this Bill receives Royal Assent.