s 45Q Incorporation by reference
45Q.—(1) Any subsidiary legislation made under this Part or any online Code of Practice 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 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 subsidiary legislation or online Code of Practice deals, even if the standard, rule, requirement, specification or other document does not yet exist when the subsidiary legislation or online Code of Practice is made. (2) Any material referred to in subsection (1) may be applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice —(a) in whole or in part; or (b) with modifications, additions, or variations specified in the subsidiary legislation or online Code of Practice, as the case may be. (3) A copy of any material applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, including any amendment to, or replacement of, the material, must be —(a) certified as a correct copy of the material by the Minister or the Authority, as the case may be; and (b) retained by the Authority. (4) Any material applied, adopted or incorporated in any subsidiary legislation made under this Part or any online Code of Practice by reference under subsection (1) is to be treated for all purposes as forming part of the subsidiary legislation or online Code of Practice; and, unless otherwise provided in the subsidiary legislation or online Code of Practice, 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 subsidiary legislation or online Code of Practice, as the case may be. (5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any subsidiary legislation made under this Part or any online Code of Practice, the Authority must give notice in the Gazette stating —(a) that the material is incorporated in the subsidiary legislation made under this Part or online Code of Practice and the date on which the relevant provision in the subsidiary legislation or online Code of Practice 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 without charge; (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) In this section, “modification” includes omissions, additions and substitutions.[Act 38 of 2022 wef 01/02/2023]