Document ID: chunk:federal_register_of_legislation:C2024A00057:section:21
Version: federal_register_of_legislation:C2024A00057
Segment Type: section
Provision Reference: s 21
Character Range: 15387–17861

21  Making of regulations
 (1) The Governor‑General may make regulations prescribing matters:
 (a) required or permitted by this Act to be prescribed by the regulations; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Consultation—setting or amending the rate of a levy
 (2) Before regulations are made setting or amending the rate of a levy, the Minister must be satisfied that in relation to the proposed regulations:
 (a) if one or more nominated industry representative bodies must be consulted about the proposed regulations in accordance with section 17:
 (i) the consultation has occurred; and
 (ii) if, in accordance with that section, such a body makes a recommendation to the Minister about the rate—the rate does not exceed the rate so recommended; and
 (b) if a nominated polling body must be consulted about the proposed regulations in accordance with section 17:
 (i) the consultation has occurred; and
 (ii) if, in accordance with that section, the body makes a recommendation to the Minister about the rate—the rate does not exceed the rate so recommended; and
 (c) if neither a nominated industry representative body nor a nominated polling body must be consulted about the proposed regulations:
 (i) appropriate consultation has been undertaken about the proposed regulations with bodies and persons involved in the industry in relation to the levy; and
 (ii) any recommendations made by those bodies or persons about the rate have been considered.
Note: For consultation requirements generally, see section 17 (consultation) of the Legislation Act 2003.
 (3) The fact that consultation referred to in subsection (2) does not occur does not affect the validity or enforceability of the regulations.

Other instruments
 (4) The regulations may make provision in relation to a matter by conferring on the Minister or the Secretary a power to make a legislative instrument.

Incorporation of other instruments
 (5) Despite subsection 14(2) of the Legislation Act 2003, the regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

No limit on subsection (1)
 (6) Subsections (4) and (5) do not limit subsection (1).

[Minister's second reading speech made in—
House of Representatives on 18 October 2023
Senate on 16 November 2023]

(126/23)