Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017 (Cth)

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Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) Certificate 2017

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

Dated   21 March 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 Policy Statement............................................................... 2

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

1  Name

This instrument is the Legislation (Deferral of Sunsetting—International Air Services Policy Statement No. 5) 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. 24 March 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Note:          This table relates only to the provisions of this instrument as originally made.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:

Legislation Act means the Legislation Act 2003.

Policy Statement means the International Air Services Policy Statement No. 5 made under section 11 of the International Air Services Commission Act 1992.

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 Policy Statement 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 Policy Statement.

The Policy Statement sets out the criteria the International Air Services Commission must apply in considering applications made to it for determinations allocating capacity under Australia’s bilateral air services arrangements. The Policy Statement also deals with certain procedural matters.

The Department of Infrastructure and Regional Development is currently preparing a new policy statement that will be appropriate for the modern aviation operating environment and satisfy the needs of stakeholders. The new policy statement will not have been made before the sunsetting day for the Policy Statement.

The Policy Statement is due to sunset on 1 April 2017. A 12 month deferral of the sunsetting date for the Policy Statement will avoid the need to remake it in its current form for the short period before the new policy statement is made.

6  Deferral of sunsetting of the Policy Statement

The Policy Statement, for which the sunsetting day is 1 April 2017, is taken to cease to be in force under section 51 of the Legislation Act on 1 April 2018.

7  Repeal of this instrument

This instrument is repealed at the start of 2 April 2018.

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