Document ID: chunk:federal_register_of_legislation:C2023A00014:clause:2_94a
Version: federal_register_of_legislation:C2023A00014
Segment Type: clause
Provision Reference: sch 2 cl 94A
Character Range: 71389–73092

94A  Legislative rules
 (1) The Minister may, by legislative instrument, make rules (legislative 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) To avoid doubt, the legislative 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.
 (3) Legislative rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but legislative rules are taken to be consistent with the regulations to the extent that legislative rules are capable of operating concurrently with the regulations.
 (4) Legislative rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (5) Subsection (4) has effect despite anything in subsection 14(2) of the Legislation Act 2003.
 (6) If legislative rules make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Regulator must ensure that the text of the matter applied, adopted or incorporated is published on its website.
 (7) Subsection (6) does not apply if the publication would infringe copyright.