85GBMinister’s and Secretary’s rules

#### 85GB Minister’s and Secretary’s rules (1) The Minister may, by legislative instrument, make rules (the Minister’s rules) prescribing matters: (a) required or permitted by this Act or by the Family Assistance Administration Act to be prescribed by the Minister’s rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to any or all of the following: (i) this Part or Schedule 2; (ii) Part 8 or 8A of the Family Assistance Administration Act; (iii) any other provision of the Family Assistance Administration Act in relation to child care subsidy or additional child care subsidy. > Note: The Minister cannot delegate this power (there is no power to delegate Minister’s powers or functions under this Act). (2) The Secretary may, by legislative instrument, make rules (the Secretary’s rules) prescribing matters: (a) required or permitted by this Act or by the Family Assistance Administration Act to be prescribed by the Secretary’s rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to any or all of the following: (i) this Part or Schedule 2; (ii) Part 8 or 8A of the Family Assistance Administration Act; (iii) any other provision of the Family Assistance Administration Act in relation to child care subsidy or additional child care subsidy. > Note: The Secretary cannot delegate this power (see subsection 221(1) of the Family Assistance Administration Act). (2A) Despite subsection 14(2) of the Legislation Act 2003, the Minister’s rules and the Secretary’s rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. (3) To avoid doubt, the Minister’s rules and the Secretary’s 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. (4) Secretary’s rules that are inconsistent with Minister’s rules have no effect to the extent of the inconsistency, but Secretary’s rules are taken to be consistent with Minister’s rules to the extent that the Secretary’s rules are capable of operating concurrently with the Minister’s rules. (5) Minister’s rules and Secretary’s rules that are inconsistent with regulations made under section 235 of the Family Assistance Administration Act have no effect to the extent of the inconsistency, but Minister’s rules and Secretary’s rules are taken to be consistent with those regulations to the extent they are capable of operating concurrently with those regulations.