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MOTOR VEHICLES (NATIONAL TRANSPORT COMMISSION) AMENDMENT ACT 2007 (NO 14 OF 2007) - SECT 6

6—Amendment of section 145—Regulations

Section 145(2) to (7)—delete subsections (2) to (7) inclusive and substitute:

        (2)         Regulations under this Act may—

            (a)         be of general application or limited application;

            (b)         make different provision according to the matters or circumstances to which they are expressed to apply;

            (c)         provide that a matter or thing in respect of which regulations may be made is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Registrar, an inspector or any other person or body prescribed by the regulations;

            (d)         include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences;

            (e)         refer to or incorporate, wholly or partially and with or without modification—

                  (i)         the text of model legislation or road transport legislation set out in regulations made for the purposes of section 7 of the National Transport Commission Act 2003 of the Commonwealth; or

                  (ii)         a document published by the National Transport Commission and approved by the Australian Transport Council; or

                  (iii)         a specified standard, code or other document prepared or published by a prescribed body,

as in force at the time the regulations are made or as in force from time to time.

        (3)         If regulations refer to or incorporate a standard, code or other document—

            (a)         a copy of the standard, code or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices determined by the Minister; and

            (b)         evidence of the contents of the standard, code or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.



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