Document ID: chunk:federal_register_of_legislation:C2019C00084:section:51
Version: federal_register_of_legislation:C2019C00084
Segment Type: section
Provision Reference: s 51
Character Range: 113207–115050

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 (a) a legislative instrument would (apart from this section) be repealed by section 50 or 51A on a particular day (the sunsetting day); and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; or
 (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 (c) the Attorney‑General may issue a certificate providing that the first‑mentioned instrument is repealed by this section on a 1 April or 1 October that is on or before the second anniversary of the sunsetting day and that is specified in the certificate; and
 (d) if the Attorney‑General issues the certificate, the first‑mentioned instrument is repealed by this section on the specified day instead of the sunsetting day, unless the instrument has been repealed earlier.
 (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.