Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:4_12:p1
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 4 cl 12 (pt 1/3)
Character Range: 350785–353605

12  Transitional rules
(1) The Minister may make rules prescribing matters:
 (a) required or permitted by this Act to be prescribed by the rules; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
 (a) the amendments or repeals made by any Schedule to this Act; or
 (b) the enactment of this Act.
(3) Rules made within 2 years after the commencement day may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the rules.
(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation to a provision of the rules if:
 (a) the rules are registered within 2 years after the commencement day; and
 (b) the provision is taken to commence before the day the rules are registered, but on or after the commencement day.
(5) However, if:
 (a) rules are registered to which paragraph (4)(a) and (b) applies; and
 (b) a person engaged in conduct before the day the rules were registered; and
 (c) but for any retrospective effect of the rules, the conduct would not have contravened a provision of this Act, or another Act or instrument;
then a court must not convict the person of an offence, or impose a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act or another Act or instrument.
(6) This Schedule does not limit the rules that may be made under this item.

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