Commonwealth Consolidated Acts

ROAD VEHICLE STANDARDS ACT 2018 - SECT 82

  (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 subsection   ( 1), the rules may do the following:

  (a)   provide for and in relation to the determination of specified matters by the Minister by legislative instrument;

  (b)   confer a power to make a decision of an administrative character on the Minister or the Secretary;

  (c)   provide for and in relation to the review of a decision made under this Act, the rules or any instrument made under the rules;

  (d)   provide, as a condition of an approval granted under this Act:

  (i)   a power to request information or documents from the holder of the approval; or

  (ii)   a power of entry and search of premises where activities are carried out under, or in relation to, the approval;

  (e)   provide for and in relation to the publication of approvals, and details relating to approvals, granted under this Act;

  (f)   in relation to matters which are required or permitted by this Act to be prescribed by the rules--provide for and in relation to ancillary or incidental matters.

  (3)   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 (other than as mentioned in subparagraph   ( 2)(d)(ii));

  (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.

  (4)   The definition of this Act in section   5 does not apply to this section.

Consultation on rules etc. relating to personal information

  (5)   Before:

  (a)   making rules, or legislative instruments under the rules, that relate to the collection, use, disclosure or publication of personal information on the RAV; or

  (b)   making rules for the purposes of paragraph   65(1)(g) to prescribe a body to which personal information may be disclosed;

the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010 ) and have regard to any submissions made by the Information Commissioner because of that consultation.

Incorporation by reference

  (6)   Despite subsection   14(2) of the Legislation Act 2003 , the rules and any instrument made under 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.