Federal Register of Legislation - Australian Government

Primary content

Certificates/Attorney-General as made
This instrument defers the sunsetting date of the Shipper Body Declarations from 1 October 2017 to 1 October 2018.
Administered by: Attorney-General's
Registered 15 Jun 2017
Tabling HistoryDate
Tabled HR19-Jun-2017
Tabled Senate20-Jun-2017
Date of repeal 02 Oct 2018
Repealed by Self Repealing
Table of contents.

 

Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) Certificate 2017

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

Dated   1 June 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................................................................... 2

6............ Deferral of sunsetting of the Shipper Body Declarations.............................................. 2

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


1  Name

                   This instrument is the Legislation (Deferral of Sunsetting—Designated Outwards Shipper Body Declarations) 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.

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Note:          This table relates only to the provisions of this instrument as originally made.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

ACCC means the Australian Competition and Consumer Commission.

CC Act means the Competition and Consumer Act 2010.

Legislation Act means the Legislation Act 2003.

Shipper Body Declarations means all of the following:

                     (a)  Declaration of Designated Outwards Peak Shipper Body 2007 (No. 1) (F2007L03863);

                     (b)  Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 1) (F2007L03856);

                     (c)  Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 2) (F2007L03857);

                     (d)  Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 3) (F2007L03858);

                     (e)  Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 4) (F2007L03860);

                      (f)  Declaration of Designated Outwards Secondary Shipper Body 2007 (No. 5) (F2007L03861).

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 Shipper Body Declarations 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 Shipper Body Declarations.

                   The Shipper Body Declarations are made under Part X of the CC Act, which allows the Minister to declare an association to be a designated outwards shipper body (within the meaning of that Act). Such a declaration exempts the association from the operation of certain offence provisions of Part IV of the CC Act.

                   In late 2016, the Department of the Treasury conducted a public consultation on an exposure draft of a Bill which proposes to grant the ACCC the power to issue class exemptions from the operation of specified provisions of Part IV of the CC Act for conduct that is unlikely to raise competition concerns or is likely to generate net public benefits. The Bill was introduced into Parliament in early 2017.

                   Once the Bill is enacted, the Department of the Treasury will conduct further consultation on options for applying the class exemption to the liner shipping industry. If, as a result of that consultation process, the Government decides that Part X of the CC Act should be repealed, the ACCC will develop a class exemption for the liner shipping industry and the Department of the Treasury will develop legislation for the repeal of Part X of the CC Act. The repeal of Part X of the CC Act and the class exemption would take effect at the same time in 2018. If Part X of the CC Act were repealed, the Shipper Body Declarations would cease to be in force.

                   The Shipper Body Declarations are due to sunset on 1 October 2017. A 12 month deferral of the sunsetting date for the Shipper Body Declarations will avoid the need to remake them in their current form for the short period before they cease to be in force.

 6  Deferral of sunsetting of the Shipper Body Declarations

                   The Shipper Body Declarations, 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.