{"id":"F2025L00035","name":"Legislation (Deferral of Sunsetting—Building Energy Efficiency Disclosure Instruments) Certificate 2025","slug":"legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442708,"registerId":"F2025L00035-fast-fetch-1775957665086","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislation (Deferral of Sunsetting—Building Energy Efficiency Disclosure 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—Building Energy Efficiency Disclosure Instruments) Certificate 2025\n\nI, Mark Dreyfus KC, Attorney‑General, make the following certificate.\n\nDated 13 January 2025\n\nMark Dreyfus KC\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—Building Energy Efficiency Disclosure 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instrument is registered. 25 January 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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) Building Energy Efficiency Disclosure Regulations 2010;\n\n (b) Building Energy Efficiency Disclosure Determination 2016;\n\n (c) Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016.\n\nNote: The Legislation (Building Energy Efficiency Disclosure Instruments) Sunset‑altering Declaration 2020 declared the sunsetting day of 1 October 2025 for the above instruments.\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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: deferring sunsetting dates. It does not expand substantive obligations, create new regulatory requirements, or alter the underlying policy scheme. The scope remains strictly limited to administrative timing adjustment."},"complexity_factors":["Very short instrument: only 5 sections spanning 2 pages","No defined terms section — all language is plain and self-explanatory","Single operative provision (section 4) with straightforward list of three instruments","Minimal cross-referencing: only references to the Legislation Act 2003 (the enabling statute) and the previous 2020 sunset-altering declaration","No conditional logic, exceptions, or nested provisions","Automatic self-repeal mechanism (section 5) is simple and date-certain"],"plain_english_summary":"This certificate delays the automatic expiry of three regulations underpinning the Commercial Building Disclosure (building energy efficiency) scheme, extending their operation from 1 October 2025 to 1 October 2027.  \n\nIt affects owners, landlords and tenants of large commercial buildings, industry professionals and agencies administering the scheme — buying two years to review, remake or transition the rules and avoiding a sudden legal gap in energy-disclosure obligations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument changes the duration (scope in time) of the existing Building Energy Efficiency Disclosure instruments by deferring their sunsetting from 1 October 2025 to 1 October 2027. It does not amend the content of those instruments; it only extends the period during which their existing obligations remain in force. The certificate itself will repeal on 2 October 2027."},"complexity_factors":["Single, narrow legal effect: only changes the sunsetting date for three named instruments","Short instrument with few clauses and clear commencement/repeal dates","Relies on the Legislation Act s51 sunsetting mechanism rather than creating substantive rules","No changes to the substantive regulatory obligations in the deferred instruments","Precise identification of the three instruments means legal certainty but requires accurate cross-referencing"],"plain_english_summary":"This certificate delays the automatic repeal (“sunsetting”) of three Building Energy Efficiency Disclosure instruments — the 2010 Regulations and two 2016 Determinations — by moving their sunsetting day from 1 October 2025 to 1 October 2027. Building owners and managers must keep meeting existing disclosure obligations for two extra years; the Attorney‑General issues the certificate under the Legislation Act, so regulators keep administering and businesses keep bearing compliance costs until the new repeal date."}},"importantCases":[],"_links":{"self":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202","history":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202/history","analysis":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202/analysis","conflicts":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202/conflicts","importantCases":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202/important-cases","documents":"/api/acts/legislation-deferral-of-sunsetting-building-energy-efficiency-disclosure-instruments-certificate-202/documents"}}