602Rules

602  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.

 (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) Without limiting subsection (1), the rules may:

 (a) make different provision in relation to different classes of registered providers, including by providing for certain matters to apply only to registered providers of a certain class; and

 (b) provide for the making of applications, requests and decisions in relation to matters dealt with by the rules and require the payment of fees prescribed by the rules for making such requests and applications.

 (4) Subsection (3) of this section does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

 (5) 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, any matter contained in any other instrument or other writing as in force or existing from time to time.

Prerequisites for rules prescribing aged care worker screening laws

 (6) Before the Minister makes rules prescribing a law of a State or Territory for the purposes of the definition of aged care worker screening law in section 7, the Minister must be satisfied that:

 (a) the law establishes a scheme for the screening of workers for purposes including the purposes of this Act; and

 (b) the State or Territory agrees to the law being prescribed.

Amounts and methods for working out amounts

 (7) The rules may prescribe an amount by:

 (a) specifying the amount; or

 (b) specifying a method for working out the amount; or

 (ba) specifying that the amount or period may be set by a determination made by the System Governor in accordance with the rules; or

 (c) specifying a nil amount.

Rules about transitional cohorts

 (7A) Without limiting subsections (1) and (7), the rules may make different provision for an amount (including in any of the ways provided for in subsection (7)) for different classes of individuals, including classes of individuals (transitional cohorts) identified by reference to the individual being approved as a recipient of a kind of care under any of the following as in force or existing immediately before the commencement of this section: