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LEGISLATIVE INSTRUMENTS ACT 2003 No. 139, 2003 - SECT 51

Attorney-General may defer sunsetting in certain circumstances
(1)
If:

(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instrument or provisions are taken to cease to be in force on the specified day instead of the sunsetting day as if repealed by another legislative instrument, unless they have earlier ceased to be in force.

(2)
If the Attorney-General issues a certificate under paragraph (1)(c), he or she must:

(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.

(3)
A certificate issued under paragraph (1)(c) is a legislative instrument and, as such, is required under Part 4 to be registered.



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