77Orders may incorporate material

77 Orders may incorporate material

S. 77(1) amended by No. 73/1994 s. 55(4)(a).

(1) An Order made under section 25(2), 25A(2), 38(1) or 48(1) may be made so as to apply, adopt or incorporate any material contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—

(a) wholly or partially or as amended by the Order; or

(b) as formulated, issued, prescribed or published at the time the Order is made or at any time before then; or

(c) as formulated, issued, prescribed or published from time to time.

(2) If an Order applies, adopts or incorporates any material under subsection (1), there must be published in the Government Gazette with the Order a notice stating that the material may be inspected at the office of the Department specified in the notice.

(3) If under subsection (1)(c) an Order has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, the document, code, standard, rule, specification or method is for the purpose of the Order to be taken to have not been so amended until notice of the amendment is published in the Government Gazette.

S. 77(4) amended by No. 73/1994 s. 55(4)(b).

(4) A person is not guilty of an offence for contravening an Order under section 25(1), 25A(1), 39(4) or 48(2) if the relevant Order applied, adopted or incorporated material under subsection (1) of this section and—

(a) a notice required by subsection (2) was not published with the Order; or

(b) at the time of the alleged contravention, the material was not available for inspection at the office of the Department specified in the notice.

(5) Subsection (4) does not apply if, at the time of the alleged contravention, reasonable steps had been taken to bring the general purport of the applied, adopted or incorporated material to the notice of people likely to be affected by the Order.

Pt 10 (Heading) substituted by No. 48/2016 s. 5.

Pt 10 (Heading and ss 78–81) amended by No. 73/1994 s. 56(1)(a)–(f)(2),
repealed by No. 33/2000 s. 6(b),
new Pt 10 (Heading
and s. 78) inserted by No. 13/2013 s. 6.