156Rules

156  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.

Fees

 (3) The rules may provide for:

 (a) the charging and recovery of fees for activities carried out by, or on behalf of, the Commonwealth in the performance of functions or the exercise of powers under this Act or the rules; and

 (b) the remission, refund or waiver of those fees, or the exemption of persons from payment of those fees.

 (4) A fee must not be such as to amount to taxation.

Incorporation by reference

 (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 an instrument or other writing as in force or existing from time to time.

 

 

 

 

[Minister’s second reading speech made in—

Senate on 4 February 2026

House of Representatives on 26 March 2026]

 

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