Document ID: chunk:federal_register_of_legislation:C2016A00024:clause:6_13
Version: federal_register_of_legislation:C2016A00024
Segment Type: clause
Provision Reference: sch 6 cl 13
Character Range: 78492–80188

13  Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
 (a) required or permitted by this Schedule to be prescribed by the rules; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(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) This Act (other than subitem (3)) does not limit the rules that may be made under subitem (1).
(5) Despite subsection 12(2) of the Legislative Instruments Act 2003, a provision of the rules may be expressed to take effect from a day before the rules are registered under that Act (but not before the commencement time).
(6) If Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 commences before this item, then subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 (as amended by that Schedule) does not apply in relation to a provision of the rules that commences in the period that:
 (a) starts at the commencement time; and
 (b) ends before the rules are registered under the Legislation Act 2003.

[Minister's second reading speech made in—
Senate on 2 December 2015
House of Representatives on 2 March 2016]

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