314AInstruments under this Act may provide for matters by reference to other instruments

#### 314A Instruments under this Act may provide for matters by reference to other instruments (1) An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) provisions of any Act: (a) as in force at a particular time; or (b) as in force from time to time. (2) An instrument under this Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time; even if the other instrument or writing does not yet exist when the instrument under this Act is made. (3) A reference in subsection (2) to any other instrument or writing includes a reference to an instrument or writing: (a) made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and (b) whether of a legislative, administrative or other official nature or of any other nature; and (c) whether or not having any legal force or effect; for example: (d) regulations or rules under an Act; or (e) a State Act, a law of a Territory, or regulations or any other instrument made under such an Act or law; or (f) an international technical standard or performance indicator; or (g) a written agreement or arrangement or an instrument or writing made unilaterally. (4) Nothing in this section limits the generality of anything else in it. (5) Subsections (1) and (2) have effect despite anything in: (a) the Acts Interpretation Act 1901; or (b) the Legislative Instruments Act 1997. (6) In this section: > instrument under this Act means: (a) the regulations; or (b) any other instrument made under this Act. 71 Transitional—procedures for making standards The amendments of section 163 of the Radiocommunications Act 1992 made by this Schedule do not apply in relation to a standard made before 1 July 1998 if the SMA had taken any action in relation to the standard under that section before the commencement of this item. 72 Transitional—section 186 of the Radiocommunications Act 1992 (1) This item applies to the amendment of section 186 of the Radiocommunications Act 1992 made by this Schedule, being the amendment that omits the expression “sell or”. (2) The amendment does not imply that the expression “supply”, when used in a provision of the Radiocommunications Act 1992, does not include supply by way of sale. Schedule 3—Amendments consequential on the enactment of the Commonwealth Authorities and Companies Act 1997 Australian Communications Authority Act 1997 1 Section 10 Repeal the section. 2 Section 11 Repeal the section. 3 At the end of section 12 Add: (3) The ACA must perform its functions in a manner consistent with any directions given by the Minister under subsection (1). (4) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the ACA. 4 At the end of subsection 15(1) Add: > Note: The Commonwealth Authorities and Companies Act 1997 applies to the ACA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers. 5 At the end of section 19 Add: (6) Except as expressly provided by this Act, an associate member is taken not to be a director of the ACA for the purposes of the Commonwealth Authorities and Companies Act 1997. 6 Section 30 Repeal the section, substitute: