ACTIn ForceAct
Environment Protection Act 1997
164BIncorporation of documents
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164B Incorporation of documents
(1) A statutory instrument under this Act may apply, adopt or incorporate
a law or instrument as in force from time to time.
(2) The Legislation Act, section 47 (5) and (6) do not apply to a law or
instrument applied, adopted or incorporated under a statutory
instrument under this Act (an incorporated law or instrument).
Note An incorporated law or instrument does not need to be notified under the
Legislation Act because s 47 (5) and (6) do not apply (see Legislation
Act, s 47 (7)).
(3) The authority must ensure an incorporated law or instrument is—
(a) on the ACT legislation register; or
(b) available for inspection without charge during ordinary business
hours at an ACT government office; or
(c) accessible without charge on an ACT government website, or by
a link on an ACT government website.
(4) An incorporated law or instrument is not enforceable by or against
the Territory or anyone else unless it is made accessible in accordance
with subsection (3).
(5) However, subsections (3) and (4) do not apply if the incorporated law
or instrument is—
(a) a law of another jurisdiction; or
(b) an Australian Standard; or
(c) an Australian/New Zealand Standard.
Note Laws of other jurisdictions are available on each jurisdiction’s legislation
website. Standards are available at www.standards.org.au.
law of another jurisdiction—see the Legislation Act, section 47 (10).