Document ID: chunk:federal_register_of_legislation:C2018A00031:clause:2_284
Version: federal_register_of_legislation:C2018A00031
Segment Type: clause
Provision Reference: sch 2 cl 284
Character Range: 86903–88898

284  Transitional rules
(1) A Minister administering an Act amended by this Schedule (the amended Act) may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the following:
 (a) the amendments or repeals of the amended Act made by this Schedule;
 (b) the effect of section 19 or 19A of the Acts Interpretation Act 1901, in relation to a provision of the amended Act, because of an Administrative Arrangements Order made during the period:
 (i) beginning on 20 December 2017; and
 (ii) ending on the day before this item commences;
 (c) the effect of a substituted reference order, made during the period mentioned in paragraph (b) of this subitem under section 19B of the Acts Interpretation Act 1901, in relation to a provision of the amended Act.
Note: Subparagraph (b)(i)—20 December 2017 is the day an Administrative Arrangements Order was made to provide for certain matters to be dealt with by a Department of Home Affairs.
(2) 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 an Act;
 (e) directly amend the text of an Act.
(3) This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).
(4) Rules made for the purposes of this item that are registered under the Legislation Act 2003 before the end of the period of 12 months starting on the commencement of this item:
 (a) may be expressed to take effect from a date before the rules are registered; and
 (b) apply despite subsection 12(2) (retrospective application of legislative instruments) of that Act.

[Minister's second reading speech made in—
House of Representatives on 7 December 2017
Senate on 9 May 2018]

(280/17)