Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017 (Cth)

Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) Certificate 2017

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

Dated 5 September 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 Declaration....................................................................... 2

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

1  Name

This instrument is the Legislation (Deferral of Sunsetting—Safety, Rehabilitation and Compensation (Subsection 5(6A) Declaration)) 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.	12 September 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Note:          This table relates only to the provisions of this instrument as originally made.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:

Act means the Legislation Act 2003.

Declaration means the instrument made under subsection 5(6A) of the Safety, Rehabilitation and Compensation Act 1988 that has the FRL identifier F2007B01064.

FRL means the Federal Register of Legislation.

5  Statement of reasons for issue of certificate

For the purposes of 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 Declaration 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 sunsetting day for the Declaration.

The Declaration provides workers’ compensation coverage under the Safety, Rehabilitation and Compensation Act 1988 for specified persons who, before 1 July 2004, held an honorary rank in the Defence Force, were members of a philanthropic organisation which provided services to the Defence Force, or undertook resettlement training under an arrangement made by the Defence Force.

There is currently a Bill before Parliament that proposes to establish a new ‘military specific’ compensation and rehabilitation scheme relating to certain employment in the Defence Force. If passed, the Bill would repeal subsection 5(6A) of the Safety, Rehabilitation and Compensation Act 1988 and the current Declaration would cease to have effect. The Bill is expected to pass through Parliament during 2017.

The Declaration is due to sunset on 1 October 2017. A 12 month deferral of the sunsetting day for the Declaration will avoid the need to remake it for the short period before it ceases to have effect as a consequence of the passage of the Bill.

6  Deferral of sunsetting of the Declaration

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

7  Repeal of this instrument

This instrument is repealed on 2 October 2018.