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(a) a legislative instrument would (apart from this section) be repealed by section 50 or 51A on a particular day (the sunsetting day ); and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(c) the Attorney - General may issue a certificate providing that the first - mentioned instrument is repealed by this section on a 1 April or 1 October that is on or before the second anniversary of the sunsetting day and that is specified in the certificate; and
(d) if the Attorney - General issues the certificate, the first - mentioned instrument is repealed by this section on the specified day instead of the sunsetting day, unless the instrument has been repealed earlier.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