Criminal Code Act 1995

Div 72 (heading) substituted by No 3 of 2007, s 3 and Sch 1 item 1, effective 25 August 2007. The heading formerly read:

Division 72 - International terrorist activities using explosive or lethal devices

Subdiv B inserted by No 3 of 2007, s 3 and Sch 1 item 8, effective 25 August 2007.

S 72.28 substituted by No 31 of 2018, s 3 and Sch 2 item 100, effective 11 May 2018. For transitional rules, see note under s 72.28 . No 31 of 2018, s 3 and Sch 1 Pt 5 contain the following transitional rules:

Part 5 - Transitional rules

284 Transitional rules  
(1)
A Minister administering an Act amended by this Schedule (the amended Act ) may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the following:

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

(b) the effect of section 19 or 19A of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act, because of an Administrative Arrangements Order made during the period:

(i) beginning on 20 December 2017; and

(ii) ending on the day before this item commences;

(c) the effect of a substituted reference order, made during the period mentioned in paragraph (b) of this subitem under section 19B of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act.

Note:

Subparagraph (b)(i) - 20 December 2017 is the day an Administrative Arrangements Order was made to provide for certain matters to be dealt with by a Department of Home Affairs.

(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 an Act;

(e) directly amend the text of an Act.

(3)
This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

(4)
Rules made for the purposes of this item that are registered under the Legislation Act 2003 before the end of the period of 12 months starting on the commencement of this item:

(a) may be expressed to take effect from a date before the rules are registered; and

(b) apply despite subsection 12(2) (retrospective application of legislative instruments) of that Act.

S 72.28 formerly read:

SECTION 72.28 Delegation by Minister  
(1)
The Minister may, by writing, delegate to:

(a) the Secretary of the Department; or

(b) an SES employee, or an acting SES employee, in the Department, where the employee occupies or acts in a position with a classification of Senior Executive Band 3;

all or any of the Minister ' s powers under sections 72.18, 72.19, 72.24 and 72.25.

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History

S 72.28(1) amended by No 31 of 2014, s 3 and Sch 9 item 14, by omitting " 72.20, 72.21, " after " 72.19, " , effective 24 June 2014.

(2)
A delegate is, in the exercise of a power delegated under subsection (1), subject to the written directions of the Minister.

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History

S 72.28 inserted by No 3 of 2007, s 3 and Sch 1 item 8, effective 25 August 2007.

S 72.28 inserted by No 3 of 2007, s 3 and Sch 1 item 8, effective 25 August 2007.