{"id":"F2025L01114","name":"Legislation (Deferral of Sunsetting—Bankruptcy Instruments) Certificate 2025","slug":"legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442970,"registerId":"F2025L01114-fast-fetch-1775957891735","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislation (Deferral of Sunsetting—Bankruptcy Instruments) Certificate 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLegislation (Deferral of Sunsetting—Bankruptcy Instruments) Certificate 2025\n\nI, Michelle Rowland, Attorney-General, make the following certificate.\n\nDated 16 September 2025\n\nMichelle Rowland\n\nAttorney-General\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Deferral of sunsetting\n\n5 Repeal of this instrument\n\n \n\n1  Name\n\n  This instrument is the Legislation (Deferral of Sunsetting—Bankruptcy Instruments) Certificate 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 18 September 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.\n\n4  Deferral of sunsetting\n\n  The following instruments, for which the sunsetting day is 1 October 2025, are repealed by section 51 of the Legislation Act 2003 on 1 October 2027:\n\n (a) Bankruptcy (Fees and Remuneration) Determination 2015;\n\n (b) Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015.\n\n5  Repeal of this instrument\n\n  This instrument is repealed at the start of 2 October 2027.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument serves exactly its intended purpose under the Legislation Act 2003 — to defer sunsetting of specified instruments. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Very short instrument (5 sections, approximately 250 words)","Only 2 substantive provisions (sections 4 and 5)","No defined terms section","Minimal cross-referencing (only references to the Legislation Act 2003 and the two instruments being deferred)","Simple conditional logic (straightforward date deferral with automatic repeal)","Single purpose instrument with no exceptions or nested conditions"],"plain_english_summary":"This instrument delays the automatic expiry of two bankruptcy-related rulesets by two years, moving their sunset from 1 October 2025 to 1 October 2027. It affects people in bankruptcy, trustees, creditors and others who pay or administer bankruptcy fees and charges.\n\nThe deferral prevents uncertainty about which fees apply while the government completes a proper review, buying time to remake or replace the rules without an unintended lapse."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument changes the timing of repeal: the two listed bankruptcy determinations that would have been repealed on 1 October 2025 are now preserved until 1 October 2027 (s4). The certificate itself is set to be repealed at the start of 2 October 2027 (s5). No other substantive provisions or parties are added or removed; the change is strictly a two‑year deferral of the sunsetting timetable."},"complexity_factors":["Narrow scope: affects only two specified instruments (s4).","Temporal/legal effect only: changes repeal dates rather than substantive law.","Simple legal authority: made under Legislation Act paragraph 51(1)(c) (s3).","Fixed commencement and repeal mechanics (ss2, 5) — no administrative discretion.","Stakeholder impact limited to existing fee payers (trustees, creditors, debtors) who continue under current determinations."],"plain_english_summary":"This certificate postpones the automatic repeal (sunsetting) of two bankruptcy fee instruments, keeping the Bankruptcy (Fees and Remuneration) Determination 2015 and the Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 in force until 1 October 2027 instead of 1 October 2025 (s4). It therefore leaves existing fee and estate‑charge rules unchanged for two extra years and was made under the Legislation Act (s3); the certificate itself is repealed on 2 October 2027 (s5)."}},"importantCases":[],"_links":{"self":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025","history":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025/history","analysis":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025/analysis","conflicts":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025/conflicts","importantCases":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025/important-cases","documents":"/api/acts/legislation-deferral-of-sunsetting-bankruptcy-instruments-certificate-2025/documents"}}