Document ID: chunk:federal_register_of_legislation:C2023A00095:section:33
Version: federal_register_of_legislation:C2023A00095
Segment Type: section
Provision Reference: s 33
Character Range: 50188–51482

33  Rules
 (1) The Minister may, by legislative instrument, 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) Before making rules for the purposes of the definition of prescribed occupational respiratory disease in section 8, the Minister must:
 (a) consult the Commonwealth Chief Medical Officer; and
 (b) consult the relevant State or Territory authorities of each State or Territory through the State or Territory Health Minister; and
 (c) have regard to the submissions (if any) made by the Commonwealth Chief Medical Officer or a State or Territory Health Minister because of that consultation.
Note: For relevant State or Territory authority, see section 8.
 (3) To avoid doubt, the 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.

[Minister's second reading speech made in—
House of Representatives on 21 June 2023
(85/23)
Senate on 11 September 2023]