Document ID: chunk:federal_register_of_legislation:C2015A00157:clause:1_105
Version: federal_register_of_legislation:C2015A00157
Segment Type: clause
Provision Reference: sch 1 cl 105
Character Range: 145485–146554

105  At the end of section 109
Add:

Incorporation of other instruments
 (9) Despite subsection 14(2) of the Legislative Instruments Act 2003, the My Health Records Rules may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.

Scope of the My Health Records Rules rule‑making power
 (10) To avoid doubt, the My Health Records Rules may not do the following:
 (a) create an offence or civil penalty;
 (b) provide powers of:
 (i) arrest or detention; or
 (ii) entry, search or seizure;
 (c) impose a tax;
 (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
 (e) directly amend the text of this Act.
 (11) My Health Records Rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but My Health Records Rules are taken to be consistent with the regulations to the extent that the Rules are capable of operating concurrently with the regulations.