Document ID: chunk:federal_register_of_legislation:C2024C00572:section:22xs:p2
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 22XS (pt 2/2)
Character Range: 137316–139095

in order to achieve the safeguard outcomes and the content of any such amendment; and
 (ii) if satisfied that the safeguard rules need to be amended in order to achieve the safeguard outcomes—amend the safeguard rules.
 (1E) Subsections (1C) and (1D) do not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments).
 (2) To avoid doubt, the safeguard rules may not do the following:
 (a) create an offence or civil penalty;
 (b) provide powers of:
 (i) arrest or detention;
 (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) amend this Act.
 (3) Safeguard rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but safeguard rules are taken to be consistent with the regulations to the extent that safeguard rules are capable of operating concurrently with the regulations.
 (4) Safeguard 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 safeguard 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.

Part 4—Disclosure of information