Explanatory Memorandum
(Circulated by authority of the Minister for Employment, Senator the Hon. Michaelia Cash)Schedule 2 - Transitional Provisions
Overview
6. Schedule 2 provides a power for rules about transitional matters.
Item 1 - Rules about transitional matters
7. This item provides for the Minister to make rules about transitional matters.
8. Such rules would be a legislative instrument and therefore subject to publication requirements and disallowance provisions contained in the Legislative Instruments Act 2003.
9. This rule making power will allow the Government to deal with unforseen consequences relating to transitional matters and to ensure a smooth transition from the Road Safety Remuneration System. It is not anticipated that the power to make rules will need to be readily relied upon. However, it could be utilised, for example, to preserve the whole or part of the operation of the Road Transport and Distribution and Long Distance Operations Road Safety Remuneration Order 2014.
10. This item provides that any rules apply despite subsection 7(2) of the Acts Interpretation Act 1901 (Cth), which deals with the effect of repeal or amendment of an Act, in this case, the main Act.
11. For the avoidance of doubt, the item provides that rules may not create an offence or civil penalty; provide powers of arrest, detention, entry, search or seizure; impose a tax, set an amount to be appropriated from the Consolidated Revenue Fund or directly amend the text of this Act.