22XSSafeguard rules

#### 22XS Safeguard rules (1) The Minister may, by legislative instrument (and subject to subsections (1A) and (2)), make rules (safeguard rules) prescribing matters: (a) required or permitted by this Act to be prescribed by the safeguard rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to the safeguard provisions. (1A) The Minister must not make safeguard rules unless the Minister is satisfied that those rules: (a) are consistent with each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d); and (b) take into account the safeguard outcomes in paragraphs 3(2)(e) and (f). (1B) If the Minister makes safeguard rules, the Minister must publish on the Department’s website the Minister’s reasons for being satisfied that the safeguard rules: (a) are consistent with each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d); and (b) take into account the safeguard outcomes in paragraphs 3(2)(e) and (f). (1C) If safeguard rules are in force and the Minister receives advice under subsection 14(1) of the Climate Change Act 2022 that: (a) safeguard emissions, or net safeguard emissions, for a financial year are not declining consistently with a safeguard outcome in paragraph 3(2)(b), (c) or (d) of this Act; and (b) the safeguard rules need to be amended in order to achieve each of those safeguard outcomes; the Minister must: (c) undertake public consultation in relation to whether the safeguard rules need to be amended in order to achieve the safeguard outcomes and the content of any such amendment; and (d) if satisfied that the safeguard rules need to be amended in order to achieve the safeguard outcomes—amend the safeguard rules. (1D) If safeguard rules are in force and the Secretary is satisfied, having regard to: (a) an estimate given to the Secretary under section 15A of the Climate Change Act 2022; or (b) information published under subsection 24(3B) of this Act; or (c) information given to the Secretary, by an agency or authority of the Commonwealth, a State or a Territory, relating to the likely covered emissions of a designated large facility for a financial year; that the safeguard rules need to be amended in order to achieve each of the safeguard outcomes in paragraphs 3(2)(b), (c) and (d) of this Act, then: (d) the Secretary must advise the Minister that the Secretary is so satisfied; and (e) the Minister must: (i) undertake public consultation in relation to whether the safeguard rules need to be amended in order to achieve the safeguard outcomes and the content of any such amendment; and (ii) if satisfied that the safeguard rules need to be amended in order to achieve the safeguard outcomes—amend the safeguard rules. (1E) Subsections (1C) and (1D) do not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instruments). (2) To avoid doubt, the safeguard rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; (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) amend this Act. (3) Safeguard rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but safeguard rules are taken to be consistent with the regulations to the extent that safeguard rules are capable of operating concurrently with the regulations. (4) Safeguard 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. (5) Subsection (4) has effect despite anything in subsection 14(2) of the Legislation Act 2003. (6) If safeguard rules make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Regulator must ensure that the text of the matter applied, adopted or incorporated is published on its website. (7) Subsection (6) does not apply if the publication would infringe copyright.