§ 315 — Incorporation by reference, etc.

315.—(1) 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, even if the code, standard, rule, requirement, specification or other document does not yet exist when the regulation is made.(2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any regulation made under this Act —(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the regulation.

(3) 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 —(a)

certified as a correct copy of the material by the Agency; and

(b)

retained by the Agency.

(4) 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.

(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation made under this Act, the Agency must give notice in the Gazette stating —(a)

that the material is incorporated in the regulation and the date on which the relevant provision in the regulation was made;

(b)

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

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

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

(f)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(6) The Agency 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 Agency during normal office hours.

(7) In this section, “modification” includes omissions, additions and substitutions.

(8) This section does not apply to or in relation to any subsidiary legislation made under Part 2, 9 or 12.

—(1) 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, even if the code, standard, rule, requirement, specification or other document does not yet exist when the regulation is made.

(2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any regulation made under this Act —(a)

in whole or in part; or

(b)

with modifications, additions or variations specified in the regulation.

(3) 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 —(a)

certified as a correct copy of the material by the Agency; and

(b)

retained by the Agency.

(4) 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.

(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any regulation made under this Act, the Agency must give notice in the Gazette stating —(a)

that the material is incorporated in the regulation and the date on which the relevant provision in the regulation was made;

(b)

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

(c)

the place where the material can be inspected;

(d)

that copies of the material can be purchased;

(e)

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

(f)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(6) The Agency 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 Agency during normal office hours.

(7) In this section, “modification” includes omissions, additions and substitutions.

(8) This section does not apply to or in relation to any subsidiary legislation made under Part 2, 9 or 12.