Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_92
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 92
Character Range: 143075–144682

92  Transitional rules
(1) The Secretary 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) The rules may also prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
 (a) the amendments or repeals made by this Act; or
 (b) the enactment of this Act or the Export Control Act 2020.
(3) Without limiting subitem (1) or (2), rules made under this item before 1 April 2023 may provide that provisions of this Act, the Export Control Act 2020, or any other Act or instrument have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.
(4) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to rules made under this item before 1 April 2023.
(5) 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) directly amend the text of this Act or the Export Control Act 2020.
(6) This Act (other than subitem (5)) does not limit the rules that may be made.
[Minister's second reading speech made in—
House of Representatives on 4 December 2019
Senate on 13 February 2020]
(253/19)