Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (22 of 2017)

Schedule 4   Application, saving and transitional provisions

Part 5   Miscellaneous

12   Transitional rules

(1) The Minister may 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) In particular, rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

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

(b) the enactment of this Act.

(3) Rules made within 2 years after the commencement day may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the rules.

(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation to a provision of the rules if:

(a) the rules are registered within 2 years after the commencement day; and

(b) the provision is taken to commence before the day the rules are registered, but on or after the commencement day.

(5) However, if:

(a) rules are registered to which paragraph (4)(a) and (b) applies; and

(b) a person engaged in conduct before the day the rules were registered; and

(c) but for any retrospective effect of the rules, the conduct would not have contravened a provision of this Act, or another Act or instrument;

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

(6) This Schedule does not limit the rules that may be made under this item.