Overview

The Legislation (Deferral of Sunsetting—Protection of Moveable Cultural Heritage Regulations) Certificate 2017 was issued under the authority of the Legislation Act 2003 by the Attorney-General to defer the sunsetting of the Protection of Moveable Cultural Heritage Regulations 1987. This certificate was enacted to address the issue of legislative instruments being prematurely repealed before their intended efficacy could be fully realised, thereby creating a gap in the legislative framework for protecting Australia's movable cultural heritage. The certificate allows the Protection of Moveable Cultural Heritage Regulations 1987 to remain in force for an additional twelve months, until 1 April 2019. The issuing of this certificate is consistent with the policy objective of the Legislation Act to ensure legislative instruments are kept up-to-date while also reducing administrative burdens associated with the timely renewal of such instruments. The certificate was made after considering the statutory conditions and following consultation with the relevant Minister, as stipulated by the Legislation Act.

Scope and Application

The Legislation (Deferral of Sunsetting—Protection of Movable Cultural Heritage Regulations) Certificate 2017 applies to the Protection of Moveable Cultural Heritage Regulations 1987, deferring their sunsetting day from 1 April 2018 to 1 April 2019. This certificate is made under paragraph 51(1)(c) of the Legislation Act 2003 and is not subject to disallowance. The certificate applies Commonwealth-wide, extending the period during which the regulations remain in force to prevent the administrative burden of remaking them before their repeal and replacement. The certificate does not specify any exclusions or exemptions and is consistent with existing legislative arrangements regarding sunsetting provisions. Any further application or extension of these provisions would need to be addressed through additional legislative instruments.

Key Provisions

The main operative sections of the Legislation (Deferral of Sunsetting—Protection of Moveable Cultural Heritage Regulations) Certificate 2017 (F2017L01398) include the authority for the certificate (section 3), the statement of reasons for issuing the certificate (section 5), and the deferral of the sunsetting of the Protection of Moveable Cultural Heritage Regulations 1987 (section 6). Section 3 specifies that the certificate is made under paragraph 51(1)(c) of the Legislation Act 2003, enabling the Attorney-General to defer the sunsetting of the Regulations. Section 5 provides the reasons for issuing the certificate, and section 6 defers the sunsetting of the Regulations until 1 April 2019. The certificate also includes provisions for the commencement of the certificate (section 2), definitions (section 4), and the repeal of the certificate (section 7). The Act imposes specific obligations on the Attorney-General and the responsible rule maker. The responsible rule maker must apply to the Attorney-General in writing to defer the sunsetting of the Regulations, as outlined in section 51(1)(a) of the Legislation Act 2003. The Attorney-General must be satisfied that the Regulations meet the statutory conditions for deferral, as specified in section 51(1)(b) of the Act. The Attorney-General must issue a certificate that includes a statement of reasons for the deferral, as required by section 51(2)(a) of the Act. Additionally, the certificate must be laid before each House of the Parliament no later than six sitting days after it is made and must be registered on the Federal Register of Legislation. There are no offences, penalties, or civil/criminal consequences specified for breaches of the Act in this context, as the certificate is a legislative instrument that defers the sunsetting of the Regulations rather than imposing new obligations or penalties. The maximum penalties for breaches of the Legislation Act 2003 or any related regulations are not directly addressed in the certificate but would be found in the respective legislation. The certificate itself is not subject to disallowance, as it is a machinery of government instrument exempt from the regulatory impact assessment requirements. This certificate is consistent with the policy intent of the sunsetting arrangements, which aim to ensure that legislative instruments remain up to date and only remain in force for as long as they are needed. By deferring the sunsetting of the Protection of Moveable Cultural Heritage Regulations 1987, the certificate allows for a continued but limited period of operation, thereby reducing the administrative burden of remaking instruments that would otherwise be repealed and potentially replaced. The certificate was issued after considering the general obligation to consult under section 17 of the Legislation Act, with the Minister for Communications and the Arts providing advice to the Attorney-General. Further consultation was deemed unnecessary as the certificate aligns with existing arrangements.