Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) If a provision of an incorporated document that applies to this regulation is inconsistent with a provision of this regulation, the provision of this regulation prevails to the extent of the inconsistency.
(2) For this regulation, a reference to an incorporated document (in this regulation or in another incorporated document) is a reference to—
(a) if the document is properly notified—the document as in effect at the commencement of this section; and
(b) if the document is amended after the commencement of this section, and the amendment is properly 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 of this section, and the replacement document is properly notified—the replacement document; and
(d) if a replacement document mentioned in paragraph (c) is amended, and the amendment is properly notified—the replacement document as amended.
Example of replacement document
a new edition of an incorporated document published after the commencement of this section
Note 1 If a document, amendment or replacement document is not properly notified, as described in s (4), the document, amendment or replacement document has no effect (see Act, s 220 (4)).
Note 2 An example is part of the regulation, 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 this regulation requires 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), this regulation is taken to require compliance with the provision unless the provision cannot reasonably be interpreted in that way.
(4) In this section:
"incorporated document "means any of the following:
(a) AS 2700S–1996 (R13) (Colour standards for general purposes—signal red);
(b) AS 2700S–1996 (Y11) (Colour standards for general purposes—canary);
(c) AS/NZS 2106 (Methods for the determination of the flash point of flammable liquids (closed cup));
Note This includes AS/NZS 2106.0 to AS/NZS 2106.6.
(d) AS/NZS 2430.3 (Classification of hazardous areas);
Note This includes AS/NZS 2430.3.1 to AS/NZS 2430.3.9.
(e) AS/NZS 60079.10 (Electrical apparatus for explosive gas atmospheres—Classification of hazardous areas);
(f) AS/NZS 61241.3 (Electrical apparatus for use in the presence of combustible dust—Classification of areas where combustible dusts are or may be present);
(g) the International Air Transport Association Regulations;
(h) the International Civil Aviation Organization Standards;
(i) the International Maritime Dangerous Goods Code;
(j) the National Exposure Standards;
(k) any other document incorporated, applied or adopted by a document mentioned in paragraphs (a) to (j).
Note Provisions of the Australian Dangerous Goods Code and Australian Standard 1940 also apply to this regulation. See the Act, s 9 and s 10 (3) and (4) for similar provisions relating to those documents relating to their application for the Act and this regulation.
"properly notified"—a document, amendment or replacement document mentioned in subsection (2) is properly notified if—
(a) an incorporated document notice under the Act, section 220 is notified in relation to the document, amendment or replacement document; or
(b) the document, amendment or replacement document is notified under the Legislation Act, section 47 (6).
Note For the meaning of notification , see the Legislation Act, s 63.