61Underwater Cultural Heritage Rules

61 Underwater Cultural Heritage Rules

(1) The Minister may, by legislative instrument, make rules (the Underwater Cultural Heritage Rules) prescribing matters: (a) required or permitted by this Act to be prescribed by the Underwater Cultural Heritage Rules; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, the Australia‑Netherlands Agreement or any other relevant agreement. (2) The Underwater Cultural Heritage Rules may provide for charging fees in respect of any matters under this Act. (3) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Underwater Cultural Heritage Rules: (a) may be of general application or may be limited as provided in the rules; and (b) may make different provision in relation to different kinds of underwater cultural heritage, circumstances or any other matter. (4) Despite subsection 14(2) of the Legislation Act 2003, the Underwater Cultural Heritage 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. (5) To avoid doubt, the Underwater Cultural Heritage 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. (6) In this section, a reference to this Act does not include a reference to the Underwater Cultural Heritage Rules.