Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary 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.
Note: The rules may make different provision with respect to different matters or different classes of matters (see subsection 33(3A) of the Acts Interpretation Act 1901 ).
(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.
(3) Despite subsection 14(2) of the Legislation Act 2003 , the rules may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any of the following as in force or existing from time to time:
(a) any matter contained in:
(i) the document (the original document ) published by the Department titled Australian Standards for the Export of Livestock ; or
(ii) any document (the later document ) that is published by the Department after the original document and that sets out standards for the export of Australian livestock (whether or not the title of the later document is the same as the title of the original document);
(b) any matter contained in:
(i) the document titled Australian Fish Names Standard AS 5300 - 2015; or
(ii) any later Australian Standard that sets out Australian fish names;
(c) any matter contained in any instrument or writing that:
(i) sets out requirements for export operations in Australian territory, or in a part of Australian territory, in relation to a kind of prescribed goods that are to be imported into a country; and
(ii) is made by the authority or body that is responsible for regulating the importation of prescribed goods of that kind into that country;
(d) any matter contained in the Australia New Zealand Food Standards Code;
(e) any matter contained in the Codex Alimentarius issued by the body known as the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organization;
(f) any matter contained in any instrument or writing made:
(i) by the Office International des Epizooties (also known as the World Organisation for Animal Health); or
(ii) under the International Plant Protection Convention;
(g) any matter contained in any instrument or writing that:
(i) sets out, or provides a method for calculating, the tariff rate quota for the importation of a kind of goods into a country from Australian territory; and
(ii) is made by the authority or body that is responsible for regulating the importation of goods of that kind into that country from Australian territory;
(h) any matter contained in an agreement between Australia and another country or a body (for example, the European Union) that sets out, or provides a method for calculating, the tariff rate quota for the importation of a kind of goods into a country covered by the agreement from Australian territory.
Note 1: The document referred to in subparagraph (a)(i) could in 2020 be viewed on the Department's website (http://www.agriculture.gov.au).
Note 2: The document referred to in subparagraph (b)(i) could in 2020 be viewed at http://www.fishnames.com.au.
Note 3: The document referred to in paragraph (e) could in 2020 be viewed on the website of the Food and Agriculture Organization of the United Nations (http://www.fao.org).
Note 4: The Office International des Epizooties referred to in subparagraph (f)(i) was created by the International Agreement for the Creation at Paris of an International Office for Dealing with Contagious Diseases of Animals, done at Paris on 25 January 1924. The Agreement is in Australian Treaty Series 1925 No. 15 ([1925] ATS 15) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 5: Rules made for the purposes of section 29 may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing, as in force or existing from time to time, if the instrument or other writing is published on the Department's website (http://www.agriculture.gov.au) (see subsection 29(4)).
Note 6: The rules may also apply, adopt or incorporate, with or without modification, any matter contained in any other instrument or writing as in force or existing at the time when the rules commence (see paragraph 14(1)(b) of the Legislation Act 2003 ).
(4) In this section, a reference to this Act does not include a reference to instruments made under this Act or the Regulatory Powers Act.