Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 10   Transitional rules

65   Transitional rules

(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 subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of the new Act.

(3) Without limiting subitem (2), rules made for the purposes of that subitem before the end of the period of 12 months starting at the transition time may modify the operation of the provisions of this Act or the new Act or any other Act or instrument.

(4) Despite subsection 12(2) of the Legislation Act 2003 and subject to subitem (5), the rules may be expressed to take effect from a date before the rules are registered under that Act.

(5) If:

(a) the rules are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and

(b) a person engaged in conduct before the registration date; and

(c) but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;

then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.

(6) 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;

(e) directly amend the text of this Act or the new Act.

(7) This Schedule does not limit the rules that may be made for the purposes of subitem (1).