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Legislative Assembly for the ACT: 2001 Week 2 Hansard (1 March) . . Page.. 529 ..
Example of paragraph (b) (ii)
The XYZ Regulations 2000 are made under the XYZ Act 1999. The XYZ Act 1999 contains the following provision:'(2) The regulations may apply, adopt or incorporate (with or without change) an instrument or provision of an instrument as in force from time to time.'.
(2) If the relevant instrument makes provision about the matter by applying (with or without change), a law or instrument, or a provision of a law or instrument, as in force at a particular time, the text of the law, instrument or provision as in force at that time is taken to be a notifiable instrument made under the relevant instrument by the entity authorised or required to make the relevant instrument.
(3) If the relevant instrument makes provision about the matter by applying (with or without change), a law or instrument, or a provision of a law or instrument, as in force from time to time, the text of each of the following is taken to be a notifiable instrument made under the relevant instrument by the person authorised or required to make the relevant instrument:
(a) the law, instrument or provision as in force at the time the relevant instrument is made;
(b) each subsequent amendment of the law, instrument or provision;
(c) for a law or instrument that is repealed and remade (with or without changes)-the law or instrument as remade and each subsequent amendment of the law or instrument;
(d) for a provision that is omitted and remade (with or without changes) in another law or instrument-the provision as remade and each subsequent amendment of the provision.
(4) Subsections (2) and (3) do not apply in relation to-
(a) an ACT law or a provision of an ACT law; or
(b) a law of another jurisdiction, an instrument, or a provision of a law of another jurisdiction or an instrument, if the authorising law or the relevant instrument expressly declares that it does not apply.
(5) Subsections (2) and (3) apply in relation to a law of another jurisdiction, an instrument, or a provision of a law of another jurisdiction or an instrument, with the modifications (if any) expressly made by the authorising law or the relevant instrument.
(6) In this section:
ACT law means an Act, subordinate law or disallowable instrument.
applying includes adopting or incorporating.
disallowable instrument , for a Commonwealth Act, means a disallowable instrument under the Acts Interpretation Act 1901 (Cwlth), section 46A.
instrument does not include a law.
law means an ACT law or law of another jurisdiction.
law of another jurisdiction means-
(a) a Commonwealth Act, or any regulations, rules, ordinance or disallowable instrument under a Commonwealth Act; or
(b) a State Act, or any regulations or rules under a State Act; or
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