Legislation (Deferral of Sunsetting—Crimes Regulations) Certificate 2018 (Cth)

Legislation (Deferral of Sunsetting—Crimes Regulations) Certificate 2018

I, Christian Porter, Attorney-General, make the following certificate.

Dated   24 August 2018

Christian Porter

Attorney-General

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Statement of reasons for issue of certificate.............................................................................. 1

6  Deferral of sunsetting of the Regulations................................................................................. 2

7  Repeal of this instrument.......................................................................................................... 2

1  Name

This instrument is the Legislation (Deferral of Sunsetting—Crimes Regulations) Certificate 2018.

2  Commencement

(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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made.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.

(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.

3  Authority

This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

In this instrument:

Act means the Crimes Act 1914.

Legislation Act means the Legislation Act 2003.

Regulations means the Crimes Regulations 1990.

5  Statement of reasons for issue of certificate

For the purposes of paragraph 51(2)(a) of the Legislation Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

I am satisfied that the Regulations would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 12 months after the sunsetting day for the Regulations.

The Regulations provide for the proper functioning of the criminal justice processes set out in the Act. For example, the Regulations prescribe matters relating to spent convictions, federal offenders, sentencing alternatives in criminal matters, controlled operations, vulnerable witnesses, assumed identities and forensic procedures. Where appropriate, the Regulations also facilitate a coordinated approach between Commonwealth, State and Territory jurisdictions with respect to these processes.

The Regulations are currently being reviewed to ensure that they remain fit for purpose, are operating efficiently and effectively and are drafted consistently with modern drafting practices. It is intended that, as a result of this review, the Regulations will be repealed and remade within the next 12 months.

The Regulations are due to sunset on 1 October 2018. A 12 month deferral of the sunsetting day will avoid the need to remake the Regulations in their current form for the short period before they are expected to be repealed and remade or otherwise amended.

6  Deferral of sunsetting of the Regulations

The Regulations, for which the sunsetting day is 1 October 2018, are taken to cease to be in force under section 51 of the Legislation Act on 1 October 2019.

7  Repeal of this instrument

This instrument is repealed at the start of 2 October 2019.