44Rules

44 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. (1A) Without limiting subsection (1), the rules may prescribe requirements relating to privacy with which a party to a participation agreement must comply. Consultation on draft rules (1B) Before making or amending any rules under subsection (1), the Minister must: (a) cause to be published on the Department’s website a notice: (i) setting out the draft rules or amendments; and (ii) inviting persons to make submissions to the Minister about the draft rules or amendments within the period specified in the notice (which must be at least 28 days after the notice is published); and (b) if the rules deal with matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)—consult the Information Commissioner; and (c) consider any submissions received within the specified period. (1C) The Minister may consider any submissions received after the specified period if the Minister considers it appropriate to do so. Limitation on rules (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. Disallowance and sunsetting of rules (3) Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the rules. (4) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to the rules.