Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Definitions
In this Schedule:
IGAC Act means the Inspector-General of Aged Care Act 2023 .
Inspector-General has the same meaning as in the IGAC Act.
interim Inspector-General means an Inspector-General of Aged Care appointed by the Secretary on an interim basis before the transition time.
transition time means the commencement of the IGAC Act.
2 Transfer of records
(1) This item applies to any records or documents that were in the possession of the following immediately before the transition time:
(a) the interim Inspector-General;
(b) an APS employee of the Department who, before that time, was assisting the interim Inspector-General.
(2) The records and documents are to be transferred to the Inspector-General after the transition time.
Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .
3 Review may relate to matters occurring before or after transition time
The Inspector-General may conduct a review under section 17 of the IGAC Act for the purpose of performing a function referred to in paragraphs 10(1)(a) to (d) of that Act in relation to the performance of functions, duties or obligations, exercise of powers or rights, establishment of systems or implementation of recommendations referred to in those paragraphs before or after the transition time.
4 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 this Act or the IGAC Act.
(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;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or the IGAC Act;
(e) directly amend the text of this Act or the IGAC Act.