(a) a legislative instrument or particular provisions of a legislative
instrument would be taken to cease to be in force under this Part (whether
because of the operation of subsection 50(1), (2) or (3) 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 or provisions would (apart from the operation of
this Part) be likely to cease to be in force within 12 months after
the sunsetting day; or
(ii) that an instrument proposed to be made in substitution for the
instrument or provisions 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;
then:
(c) the Attorney-General may issue a certificate
providing that the first-mentioned instrument or provisions are taken
to cease to be in force under this section on whichever of the
1 April and 1 October next following the sunsetting day the
Attorney-General specifies as the more appropriate; and
(d) if the Attorney-General issues the certificate, the first-mentioned
instrument or provisions are taken to cease to be in force on the
specified day instead of the sunsetting day as if repealed by another
legislative instrument, unless they have earlier ceased to be in
force.
(a) include in the certificate a statement of the reasons for the issue of a
certificate; and
(b) cause a copy of the certificate to be laid before each House of the
Parliament not later than 6 sitting days of that House after the issue
of the certificate.