Clause 40

Any rule or other subsidiary legislation made under this Act by the Minister charged with the responsibility for land transport, the Minister charged with the responsibility for law and order or the Authority (each of whom is called a maker) may apply, adopt or incorporate by reference —

either wholly or partially;

with or without modification;

either specifically or by reference,any matter contained in any code, standard, rule, requirement, specification or other document, as in force or published at a particular time or as in force or published from time to time, which relates to any matter that the rule or other subsidiary legislation deals with.(2) Any material applied, adopted or incorporated in any rule or other subsidiary legislation by reference under subsection (1) is to be treated for all purposes as forming part of the rule or subsidiary legislation.(3) Unless otherwise provided in a rule or other subsidiary legislation made under this Act by the maker of the rule or subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (4) and (5), to be treated as being a part of that rule or other subsidiary legislation, as the case may be.(4) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any rule or other subsidiary legislation under this Act, the maker of that rule or subsidiary legislation must give notice in the Gazette stating —

that the material is incorporated in the rule or subsidiary legislation, and the date on which the relevant provision in the rule or subsidiary legislation was made;

that the material is available for inspection during working hours, free of charge;

the place where the material can be inspected;

that copies of the material can be purchased, and the place where the material can be purchased; and

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.(5) In addition, the maker of a rule or other subsidiary legislation under this Act must cause a copy of every material applied, adopted or incorporated in that rule or subsidiary legislation by reference under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours.(6) In this section, “modification” includes omissions, additions and substitutions.”.