Clause 5

by deleting the words “Part 7” in section 21(3) and substituting the words “Parts 7 and 9”; and

by inserting, immediately after section 45, the following sections:“Incorporation by reference46.—

The regulations made under this Act may apply, adopt or incorporate by reference —

wholly or partially;

with or without any addition, omission or substitution; or

specifically or by reference,any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time.(2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person.(3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations.(4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations.(5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating —

that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated;

that the material is available for inspection, free of charge, and the place at which such material may 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.(6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations 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.(7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect.Advisory guidelines47.—

The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act.(2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1).(3) The advisory guidelines may —

be of general or specific application; or

specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons.(4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1).(5) Advisory guidelines issued or amended under this section do not have any legislative effect.(6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then —

compliance with such guidelines; or

a contravention of or failure to comply with, whether by act or omission, such guidelines,may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings.”.