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ONLINE SAFETY ACT 2021 - SECT 230

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 othe r instrument or writing :

  (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 Legislation Act 2003 .

  (6)   In this section:

"instrument under this Act" means:

  (a)   the legislative rules; or

  (b)   any other instrument made under this Act; or

  (c)   an industry code (within the meaning of Division   7 of Part   9 ).


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