Legislation (Deferral of Sunsetting—Marriage Regulations) Certificate 2016

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

Dated 15 September 2016

George Brandis QC

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Statement of reasons for issue of certificate

6 Deferral of sunsetting of legislative instruments

7 Repeal of this instrument

1  Name

  This is the Legislation (Deferral of Sunsetting—Marriage 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.

Note: This table relates only to the provisions of this instrument as originally made.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 Marriage Regulations 1963 (the Regulations), made under section 120 of the Marriage Act 1961 (the Marriage Act), 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.                           

  Together, the Marriage Act and the Regulations provide the legislative framework for marriage in Australia. The Attorney-General’s Department is finalising a review of the Regulations. Following this review, and after consultation on an exposure draft of the proposed replacement regulations, the Regulations are expected to be repealed and remade in 2017.

  The Regulations are due to sunset on 1 April 2017. A 12 month deferral of the sunsetting date will avoid the need to remake the Regulations in their current form for the short period before the proposed replacement regulations are made and commence.

6  Deferral of sunsetting of the Marriage Regulations 1963

  The Marriage Regulations 1963, for which the sunsetting day is 1 April 2017, are taken to cease to be in force under section 51 of the Act on 1 April 2018.

7  Repeal of this instrument

  This instrument is repealed at the start of 2 April 2018.