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COMMONWEALTHAct
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s 76

Rules

In force
Part 6Miscellaneous

76 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.

Note:

Section 42 (disallowance), and Part 4 of Chapter 3 (sunsetting), of the Legislation Act 2003 do not apply to the instrument: see subsections 44(1) and 54(1) of that Act.

(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 this Act;

(e)

directly amend the text of this Act.

(3)

Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing:

(a)

as in force or existing at a particular time; or

(b)

as in force or existing from time to time.

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