Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_170
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 170
Character Range: 57181–58729

170  Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
 (a) the amendments or repeals made by this Part; or
 (b) the enactment of this Part.
(2) The rules may provide that they apply despite subsection 7(2) of the Acts Interpretation Act 1901.
(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.
(4) Despite subsection 12(2) of the Legislation Act 2003 and subject to subitem (5), the rules may be expressed to take effect from a date before the rules are registered under that Act.
(5) If:
 (a) the rules are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and
 (b) a person engaged in conduct before the registration date; and
 (c) but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;
 then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.

Part 2—Additional registered organisations enforcement options

Fair Work (Registered Organisations) Act 2009