sec.9Inconsistency between regulation and other instruments

sec.9 Inconsistency between regulation and other instruments

This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated. The provision of this regulation prevails to the extent of the inconsistency. Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears. In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail. (sec.9-ssec.1) This section applies if— this regulation applies, adopts or incorporates an instrument; and there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated. (sec.9-ssec.2) The provision of this regulation prevails to the extent of the inconsistency. (sec.9-ssec.3) Despite subsection (2) , if a provision of the instrument uses a term that is defined in both the instrument and in this regulation, the provision must be interpreted as if the term had the meaning stated in the instrument, unless the contrary intention appears. (sec.9-ssec.4) In this section— instrument means a code, standard or rule, whether made in or outside Australia, relating to dangerous goods or transport by rail.

• (a) this regulation applies, adopts or incorporates an instrument; and
• (b) there is an inconsistency between a provision of this regulation and the instrument as applied, adopted or incorporated.