Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 5

    (1)     If a provision of an incorporated document that applies to these regulations is inconsistent with a provision of these regulations, the provision of these regulations prevails to the extent of the inconsistency.

    (2)     For these regulations, a reference to an incorporated document (in these regulations or in another incorporated document) is a reference to—

        (a)     the document as in effect at the commencement of this regulation; and

        (b)     if the document is amended after the commencement of this regulation, and an incorporated document notice under the Act, section 220 for the amendment is notified—the document as amended by the amendment; and

        (c)     if the document (or a replacement document mentioned in this paragraph) is replaced by another document after the commencement, and an incorporated document notice under the Act, section 220 for the replacement is notified—the replacement document; and

        (d)     if a replacement document mentioned in paragraph (c) is amended, and an incorporated document notice under the Act, section 220 for the amendment is notified—the replacement document as amended.

Example of replacement document

a new edition of an incorporated document published after the commencement of this regulation

Note 1     For the meaning of notification , see Legislation Act, s 63.

Note 2     An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     If these regulations require compliance (however expressed) with an incorporated document, and a provision of the document is expressed in advisory terms only (for example, as a recommendation rather than a requirement), these regulations are taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way.

    (4)     In this regulation:

"incorporated document "means any of the following:

        (a)     Assessing Fitness to Drive , published by Austroads Inc.

        (b)     the Australian Dangerous Goods Code;

        (c)     the Australian Explosives Code;

        (d)     AS 2187.0;

        (e)     AS 2187.1;

        (f)     AS 2187.2;

        (g)     AS 2187.4;

        (h)     the UN Test Manual;

              (i)     any other document a provision of which is incorporated, applied or adopted by a document mentioned in paragraphs (a) to (h).