Future Made in Australia (Production Tax Credits and Other Measures) Act 2025 (9 of 2025)

Schedule 3   Amendments relating to Indigenous Business Australia

Aboriginal and Torres Strait Islander Act 2005

5   At the end of Division 8 of Part 4

Add:

189A Indigenous Business Australia rules

(1) The Minister may, by legislative instrument, make rules ( Indigenous Business Australia rules ) prescribing matters:

(a) required or permitted by this Division to be prescribed by the Indigenous Business Australia rules; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Division.

(2) To avoid doubt, the Indigenous Business Australia 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.

(3) Indigenous Business Australia rules that are inconsistent with the regulations have no effect to the extent of the inconsistency, but Indigenous Business Australia rules are taken to be consistent with the regulations to the extent that the Indigenous Business Australia rules are capable of operating concurrently with the regulations.