Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE SUPERANNUATION ACT 2015 - SECT 28

  (1)   The Minister may, by legislative instrument, make rules prescribing matters:

  (a)   required or permitted to be prescribed by this Act; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Preconditions for making rules

  (2)   Rules may not be made unless:

  (a)   CSC has consented to the making of the rules; or

  (b)   the rules:

  (i)   relate to a payment by an employer - sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the rules, be required or permitted to be made under this Act; or

  (ii)   relate solely to the termination of the ADF Super Fund; or

  (iii)   are made in circumstances covered by regulations made for the purposes of subparagraph   60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993 .

Limitation on rule - making power

  (3)   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)   amend this Act.