Senate

Revised Explanatory Memorandum

(Circulated by the authority of the Minister for Social Services, the Hon Christian Porter MP)

Schedule 8 - Minister's rules

Summary

This Schedule will allow the Minister to make rules of a transitional nature in relation to the amendments and repeals made by Schedules 1 to 7 to this Bill.

Background

Schedules 1 to 7 to this Bill contain a number of transitional provisions that may, amongst other things: facilitate the transfer of individuals from a payment that is being ceased into an alternative payment, maintain the tax exempt status of certain payments after commencement, as well as maintaining the effect of qualification provisions, rate provisions, means testing and debt provisions in respect of days before commencement.

Explanation of the changes

Item 1 gives the Minister the ability to make rules by legislative instrument about transitional matters (including savings or applications provisions) regarding the amendment or repeals made by Schedules 1 to 7 to the Bill. These rules are intended to give flexibility to allow the Minister to make further transitional arrangements, should they become necessary, for example, as a result of an anomalous or unexpected consequence or otherwise following commencement of this Schedule (the day after this Bill receives the Royal Assent).

The Minister's rule making power is subject to limits and safeguards. The Minister does not have the power to make a rule which would create an offence or civil penalty, provide powers of arrest or detention or entry, search or seizure, impose a tax, or set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in, or directly amend the text of, this Bill.