Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 188

  (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.

  (2)   Without limiting subsection   33(3A) of the Acts Interpretation Act 1901 , the rules may prescribe a matter or thing differently for different kinds of persons, things or circumstances.

  (3)   Despite subsection   14(2) of the Legislation Act 2003 , the 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.

  (4)   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.

  (5)   In this section, a reference to this Act does not include a reference to the rules.