F2026L01074/ Made 13 August 2026/ Registered 18 August 2026/ Commences 1 July 2027/ 254 days from this record
The Art of Service · Commonwealth governance PGPA Defence Delivery Agency Checker The Defence Delivery Agency instrument, clause by clause, with the date, the duty and the evidence.
s 48A · Reference

Repeal the day after commencement: what happens to clause 8

The amending instrument is repealed on 2 July 2027 because it does nothing but amend another instrument, but the clause 8 it inserted continues in the PGPA Rule, which does not sunset.

BindsThe Commonwealth (the instrument itself)
Commences1 July 2027
SourceExplanatory statement p 1; Legislation Act 2003 s 48A
Record date2026-10-20

The requirement, in our words

The explanatory statement says the amending instrument falls under Legislation Act 2003 section 48A. That provision automatically repeals an instrument that does nothing but amend or repeal another instrument. The start date is 1 July 2027, so the repeal takes effect at the beginning of 2 July 2027. The same statement says sunsetting does not apply to the PGPA Rule, under paragraph 54(2)(b) of that Act, through item 53A of the table in section 12 of the Exemptions Regulations. The Federal Register status history shows the future repeal of F2026L01074 on that date.

What the provision is doing

The repeal provision stops the amending instrument from sitting on the register as a separate instrument after it has done its work. It does not undo the amendment. The inserted clause 8 becomes part of the PGPA Rule, and the Rule continues because sunsetting does not apply to it. The practical point is that a citation to F2026L01074 is a citation to the change, not to the current duty, after 2 July 2027.

What good practice looks like

Write the legal note and have it reviewed.

What changed

A reader who sees the future repeal on the register may conclude that the DDA's listed entity status lasts for one day. It does not. The status continues in the compiled Rule. The thing to watch is the next compilation of the PGPA Rule and any later amending instrument, not the repeal of F2026L01074. The explanatory statement also notes that sunsetting does not apply to the principal instrument, the PGPA Rule, so the continued clause 8 has no sunset date.

Evidence an auditor or portfolio reviewer asks for

CategoryRecord to keepRetention
Legal noteA note that explains the section 48A repeal, the continued effect of the inserted clause and the sunsetting exemption, with the sources cited.Permanent entity record.
Compilation checkA record of the PGPA Rule compilation that contains clause 8, with the compilation number and date, checked after 2 July 2027.Current, plus the prior compilation.
Watch logA log of the monthly checks of the register, the compilation and any later amending instrument, with the date of each check.Seven years.

Common gaps

  • The team assumes the DDA stops being a listed entity when F2026L01074 is repealed.
  • The citation in the annual report points to the amending instrument rather than the compiled Rule.
  • The watch checks only the amending instrument and not the PGPA Rule compilation.
  • No one records the compilation that first contains clause 8.

What to do before 1 July 2027

  1. Write the legal note and have it reviewed.
  2. Record the compilation that contains clause 8 after commencement.
  3. Add the PGPA Rule compilation and the register to the monthly watch.
  4. Change the citation convention in the annual report and the plan.

Dates and cross-references

Commences: 1 July 2027, stated in section 2 of F2026L01074. Retention: Not stated in the text. Repeal: 2027-07-02.

Read with: schedule-1-item-1, authority-and-schedules.

Source

This page reads Public Governance, Performance and Accountability Amendment (Defence Delivery Agency) Rules 2026 (F2026L01074) and its explanatory statement, against the PGPA Act 2013 and the PGPA Rule 2014 Compilation No. 64. Retrieved 2026-10-20. The requirement above is our own statement, not the instrument wording. Not legal advice; does not certify.