Document ID: chunk:federal_register_of_legislation:C2025C00173:section:174:p1
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 174 (pt 1/3)
Character Range: 202566–205454

174  APRA rules
 (1) APRA may, by legislative instrument (and subject to subsection (3)), make rules (APRA rules) prescribing matters:
 (a) required or permitted by this Act to be prescribed by APRA rules; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
 (2) APRA rules may provide for APRA to exercise powers and discretions under the rules.
 (3) To avoid doubt, APRA 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.
 (4) APRA may, under section 15 of the Australian Prudential Regulation Authority Act 1998, delegate the power to make, vary or revoke APRA rules, but only if the delegation is to:
 (a) an APRA member (within the meaning of that Act); or
 (b) an APRA staff member who is an executive general manager or equivalent.

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as