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CORONAVIRUS ECONOMIC RESPONSE PACKAGE OMNIBUS ACT 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  (a)   the sunsetting legislation is repealed or ceases to be in force (however described); or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.



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