Document ID: chunk:federal_register_of_legislation:C2022C00274:section:28
Version: federal_register_of_legislation:C2022C00274
Segment Type: section
Provision Reference: s 28
Character Range: 24816–26010

28  Rules
 (1) The Minister may, by legislative instrument, make rules prescribing matters:
 (a) required or permitted to be prescribed by this Act; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Preconditions for making rules
 (2) Rules may not be made unless:
 (a) CSC has consented to the making of the rules; or
 (b) the rules:
 (i) relate to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or
 (ii) relate solely to the termination of the ADF Super Fund; or
 (iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

Limitation on rule‑making power
 (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) amend this Act.