Coronavirus Economic Response Package (Payments and Benefits) Act 2020
Power to make rules
20(1)
The Treasurer 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.
20(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.
Rules may make different provision
20(3)
Without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , the rules may make different provision in relation to:
(a) different kinds of entities; or
(b) different kinds of payments.
Rules may subdelegate to the Commissioner
20(4)
The rules may make provision in relation to a matter by conferring a power on the Commissioner to make:
(a) an instrument of a legislative or administrative character; or
(b) a decision of an administrative character.
Rules may incorporate matters in other instruments
20(5)
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 an instrument or other writing as in force or existing from time to time.
Rules may prescribe matters for the purposes of other laws
20(6)
The rules may prescribe matters that are required or permitted by another law of the Commonwealth to be prescribed by the rules.
Rules not limited because certain topics dealt with in this Act
20(7)
Sections 8 to 11 and 13 to 19 do not limit the rules that may be made.
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