25Incorporation of documents and modification of definitions

#### 25 Incorporation of documents and modification of definitions 25 Incorporation of documents and modification of definitions (cf DL Act, s 19(2); Gen Act, s 11(3); STM Act, s 71(3)–(6)) > > (1) The statutory rules— > > > > > (a) may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any of the following (either as in force or effect at a particular time or from time to time)— > > > > > > > (i) any publication of the National Transport Commission that has been approved (whether before or after the commencement of this section) by the Australian Transport Council, > > > > > > > (ii) a national road vehicle standard under the [Road Vehicle Standards Act 2018](http://www.legislation.gov.au/) of the Commonwealth, section 12, > > > > > > > (iii) any other publication (including any Act or statutory rule of another jurisdiction), and > > > > > (b) may apply to any provision of the statutory rules, whether wholly or in part or with or without modifications, the provisions of the Criminal Code set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth. > > > (2) Subsection (1)(a) extends to documents approved by the Australian Transport Council that have been published in this jurisdiction by Transport for NSW on behalf of the National Transport Commission. > > > (3) If a statutory rule applies, adopts or incorporates by way of reference any publication (or provision of a publication) referred to in subsection (1)(a) of the National Transport Commission that has been approved by the Australian Transport Council, evidence of the publication or provision may be given in any proceedings— > > > > > (a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Transport Commission, or > > > > > (b) by the production of a document purporting to be a copy of it and purporting to be— > > > > > > > (i) published on the NSW legislation website, in the Gazette or on another NSW Government website, or > > > > > > > (ii) printed by the authority of the Government, or > > > > > > > (iii) printed by the government printer or by the authority of the government of another jurisdiction. > > > (4) For the purposes of the statutory rules, the statutory rules may define an expression (or apply, adopt, or incorporate a definition of an expression in a publication referred to in subsection (1)(a)) that is defined by this Act— > > > > > (a) in the same (or in substantially the same) way as it is defined by this Act, or > > > > > (b) by reference to one or more classes of matter included in the expression as defined by this Act, or > > > > > (c) by reference to a combination of classes of matter included in the expression as defined by this Act and in any other expression defined by this Act (but not so as to exceed the power to make statutory rules in respect of those classes of matter), or > > > > > (d) for the purposes of applying, adopting or incorporating a publication of the National Transport Commission that has been approved by the Australian Transport Council—in the same way as it is defined in the publication despite anything contained in this Act or any other road transport legislation. > > **s 25:** Am 2021 No 22, Sch 5.12\[1\]; 2024 No 82, Sch 3.8.