Coronavirus Economic Response Package Omnibus Act 2020 (22 of 2020)

Schedule 16   Deferral of sunsetting

1   Deferral of sunsetting

(1) This item applies if, on or before 15 October 2020, an Act or legislative instrument, or a provision of an Act or legislative instrument, (the sunsetting legislation ) would (apart from this item) cease to have any operation on a day (the original sunset day ).

(2) A relevant Minister for the sunsetting legislation may, by legislative instrument, before the original sunset day, determine that the sunsetting legislation:

(a) continues to operate until a specified day (the later sunset day ) that is no later than 6 months from the original sunset day; and

(b) ceases to operate on that later sunset day.

(3) A legislative instrument made under subitem (2) has effect according to its terms despite any other law of the Commonwealth.

(4) To avoid doubt, and without limiting subitem (1), sunsetting legislation may cease to have any operation on a day because:

(a) the sunsetting legislation is repealed or ceases to be in force (however described); or

(b) any power, right or liability conferred, created or imposed by the sunsetting legislation ceases.

(5) In this item, a relevant Minister for sunsetting legislation is:

(a) if the sunsetting legislation is an Act or a provision of an Act - any Minister who administers the Act or the provision (whether alone or together with one or more other Ministers); or

(b) if the sunsetting legislation is a legislative instrument or a provision of a legislative instrument - any Minister who administers the enabling legislation (within the meaning of the Legislation Act 2003) under which that legislative instrument is made.