Digital Infrastructure Bill · cl 69
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Open the official textcl 69Incorporation by reference, etc.
Any regulation made under this Act may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any material contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the regulation deals.
Material mentioned in subsection (1) may be applied, adopted or incorporated by reference in any regulation made under this Act —
in whole or in part; or
with modifications, additions or variations specified in the regulation.
A copy of any material applied, adopted or incorporated by reference in any regulation made under this Act, including any amendment to, or replacement of, the material, must be —
certified as a correct copy of the material by the Minister or the Authority, as the case may be; and
retained by the Minister or the Authority, as the case may be.
Any material applied, adopted or incorporated in any regulation made under this Act by reference under subsection (1) is to be treated for all purposes as forming part of the regulation; and, unless otherwise provided in the regulation, 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 (5) and (6), to be treated as being a part of that regulation.
Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation made under this Act, the Minister or the Authority (as the case may be) must give notice in the Gazette stating —
that the material is incorporated in the regulation and the date on which the relevant provision in the regulation 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;
the place where copies of 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.
The Minister or the Authority (as the case may be) must cause a copy of every code, standard, rule, requirement or specification incorporated by reference under subsection (1) to be made available for inspection by members of the general public without charge at the office of the Minister or the Authority (as the case may be) during normal office hours.
In this section, “modification” includes omissions, additions and substitutions.