Regulations may refer to published documents
143 Regulations may refer to published documents
In this section —
code means a code, standard, rule, specification or other document, published in or outside Australia, that does not by itself have legislative effect in this State;
subsidiary legislation includes rules, regulations, instructions, local laws and by‑laws.
Regulations may adopt, either wholly or in part or with modifications —
any code; or
any subsidiary legislation made, determined or issued under any other Act or under any Act of the Commonwealth, another State or a Territory.
The adoption may be by —
incorporating the code or subsidiary legislation in the regulations; or
incorporating the code or subsidiary legislation by reference.
If the regulations adopt by reference a code or subsidiary legislation, other than any subsidiary legislation to which the Interpretation Act 1984 section 41 applies —
the code or subsidiary legislation is adopted as existing or in force when the regulations are made; and
any amendments made to the code or subsidiary legislation after the regulations are made have no legal effect as part of the regulations unless they are specifically adopted by later regulations or a later amendment to the regulations.
If regulations adopt by reference any subsidiary legislation to which the Interpretation Act 1984 section 41 applies, the subsidiary legislation is adopted as existing or in force from time to time.
Subsections (4) and (5) do not apply if regulations state that a particular text is adopted.
The CEO must ensure that particulars of any code or subsidiary legislation adopted by reference, other than subsidiary legislation to which the Interpretation Act 1984 section 41 applies, are published on or accessible through the Department’s website.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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