Legislation (Deferral of Sunsetting—Residential Tenancies Regulations) Certificate 2016 (Cth)

Legislation (Deferral of Sunsetting—Residential Tenancies Regulations) Certificate 2016

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

Dated   23 March 2016

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 Residential Tenancies Regulations 1989 (WA) (CKI) Amendment Regulations 2003 (No. 1)...................................................................................................................................... 2

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

1  Name

This is the Legislation (Deferral of Sunsetting—Residential Tenancies Regulations) Certificate 2016.

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Note:          This table relates only to the provisions of this instrument as originally made.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 Legislation Act 2003.

5  Statement of reasons for issue of certificate

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

Statement of reasons

I am satisfied that the Residential Tenancies Regulations 1989 (WA) (CKI) Amendment Regulations 2003 (No. 1) (the Regulations) made under the Residential Tenancies Act 1987 (WA) (CKI) would, apart from the operation of Part 4 of Chapter 3 of the Act, be likely to cease to be in force within 12 months after the scheduled sunsetting day.

Land trusts were established by the Commonwealth in 1979 and 1984 over most of the land in the Cocos (Keeling) Islands, and hold land for the benefit of the Cocos Malay community. The Regulations allow the Shire of Cocos (Keeling) Islands to charge rates, including for sewerage and water, to lessees of trust land, placing these tenancies on a similar footing to other tenants in the Territory of Cocos (Keeling) Islands. These monies are used to fund the community services provided by the Shire.

The Department of Infrastructure and Regional Development is reviewing the operation of these trusts. If it is found that the trust arrangements are no longer appropriate, it is intended that the Regulations will be repealed. If it is found that the trust arrangements should continue, the Regulations will be repealed and remade to give effect to the findings of the review.

The Regulations are due to sunset on 1 April 2016. A 12 month deferral of the sunsetting date for these Regulations will avoid the need to remake them in their current form for the short period before the Regulations are repealed, or are repealed and remade, in early 2017.

6  Deferral of sunsetting of the Residential Tenancies Regulations 1989 (WA) (CKI) Amendment Regulations 2003 (No. 1)

The Residential Tenancies Regulations 1989 (WA) (CKI) Amendment Regulations 2003 (No. 1), for which the sunsetting day is 1 April 2016, are taken to cease to be in force under section 51 of the Act on 1 April 2017.

7  Repeal of this instrument

This instrument is repealed on 2 April 2017.