Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:8_313b
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 8 cl 313B
Character Range: 269904–271482

313B  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 legislative 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) The legislative rules may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the ACMA.
 (4) The legislative rules may make provision in relation to a matter by conferring a power to make a decision of an administrative character on a person who holds a specified kind of accreditation.
 (5) The legislative rules may authorise a person who holds a specified kind of accreditation to charge fees in relation to the exercise by the person of a power conferred by the legislative rules. A fee must not be such as to amount to taxation.
 (6) 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 the rules are capable of operating concurrently with the regulations.

Part 2—Transitional provisions