Document ID: chunk:federal_register_of_legislation:C2025C00016:section:82:p1
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 82 (pt 1/3)
Character Range: 99038–101786

82  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) Without limiting subsection (1), the rules may do the following:
 (a) provide for and in relation to the determination of specified matters by the Minister by legislative instrument;
 (b) confer a power to make a decision of an administrative character on the Minister or the Secretary;
 (c) provide for and in relation to the review of a decision made under this Act, the rules or any instrument made under the rules;
 (d) provide, as a condition of an approval granted under this Act:
 (i) a power to request information or documents from the holder of the approval; or
 (ii) a power of entry and search of premises where activities are carried out under, or in relation to, the approval;
 (e) provide for and in relation to the publication of approvals, and details relating to approvals, granted under this Act;
 (f) in relation to matters which are required or permitted by this Act to be prescribed by the rules—provide for and in relation to ancillary or incidental matters.
 (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 (other than as mentioned in subparagraph (2)(d)(ii));
 (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) The definition of this Act in section 5 does not apply to this section.

Consultation on rules etc. relating to personal information
 (5) Before:
 (a) making rules, or legislative instruments under the rules, that relate to the collection, use, disclosure or publication of personal information on the RAV; or
 (b) making rules for the purposes of paragraph 65(1)(g) to prescribe a body to which personal information may be disclosed;
the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.

Incorporation by reference
 (6) Despite subsection 14(2) of the Legislation Act 2003, the rules and any instrument made under the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

Endnotes

Endnote