Legislation (Deferral of Sunsetting—Historic Shipwrecks Regulations) Certificate 2017 (Cth)

Legislation (Deferral of Sunsetting—Historic Shipwrecks Regulations) Certificate 2017

I, George Brandis QC, Attorney‑General, make the following certificate.

Dated 19 April 2017

George Brandis QC

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 Historic Shipwrecks Regulations..................................... 2

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

1  Name

This instrument is the Legislation (Deferral of Sunsetting—Historic Shipwrecks Regulations) Certificate 2017.

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.	25 April 2017

Note:          This table relates only to the provisions of this instrument as originally made.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

Historic Shipwrecks Act means the Historic Shipwrecks Act 1976.

Historic Shipwrecks Regulations means the Historic Shipwrecks Regulations 1978.

Legislation Act means the Legislation Act 2003.

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 Historic Shipwrecks 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 Historic Shipwrecks Regulations.

The Commonwealth Government’s Australian Heritage Strategy, released on 9 December 2015, includes a proposal to review and modernise the Historic Shipwrecks Act by December 2018 to better align with international best practice. To implement this proposal, the Department of the Environment and Energy is sponsoring a Bill to repeal and replace the Historic Shipwrecks Act. It is anticipated that the Bill will be introduced during the Spring 2017 parliamentary sittings. As a result, the Historic Shipwrecks Regulations will be repealed and replaced by new regulations to be made under the Bill.

The Historic Shipwrecks Regulations are due to sunset on 1 October 2017. A 12 month deferral of the sunsetting date for the Historic Shipwrecks Regulations will avoid the need to remake them in their current form for the short period before the new regulations are made.

6  Deferral of sunsetting of the Historic Shipwrecks Regulations

The Historic Shipwrecks Regulations, for which the sunsetting day is 1 October 2017, are taken to cease to be in force under section 51 of the Legislation Act on 1 October 2018.

7  Repeal of this instrument

This instrument is repealed at the start of 2 October 2018.