Australian Capital Territory Numbered Regulations

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HEALTH PROFESSIONALS AMENDMENT REGULATION 2005 (NO 1) (NO 14 OF 2005) - REG 23

New chapter 6 heading etc

before section 158, insert

Chapter 6     Miscellaneous

157A     Inspection of incorporated documents

    (1)     This section applies to an incorporated document, or an amendment or replacement of an incorporated document.

Note     For the meaning of incorporated document , see the dictionary.

    (2)     The health profession board in relation to the incorporated document must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of the health profession board.

    (3)     In this section:

"amendment", of an incorporated document—see section 157B (6).

157B     Notification of certain incorporated documents

    (1)     This section applies to—

        (a)     an incorporated document; or

        (b)     an amendment of, or replacement for, an incorporated document.

Example of replacement standard

a new edition of the incorporated document

Note 1     For the meaning of incorporated document , see the dictionary.

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).

    (2)     The health profession board in relation to the incorporated document may prepare a written notice (an incorporated document notice ) for the incorporated document, amendment or replacement that contains the following information:

        (a)     for an incorporated document—details of the document, including its title, author and date of publication;

        (b)     for a replacement of an incorporated document—details of the replacement, including its title, author and date of publication;

        (c)     for an amendment of an incorporated document—the date of publication of the amendment (or of the standard as amended) and a brief summary of the effect of the amendment;

        (d)     for an incorporated document or any amendment or replacement

              (i)     a date of effect (no earlier than the day after the day of notification of the notice); and

              (ii)     details of how access to inspect the document, amendment or replacement may be obtained under section 157A (Inspection of incorporated documents); and

              (iii)     details of how copies may be obtained, including an indication of whether there is a cost involved.

    (3)     An incorporated document notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     The incorporated document, amendment or replacement has no effect under this Act unless—

        (a)     an incorporated document notice is notified in relation to the standard, amendment or replacement; or

        (b)     the document, amendment or replacement is notified under the Legislation Act, section 47 (6).

    (5)     The Legislation Act, section 47 (7) does not apply in relation to the incorporated document, amendment or replacement.

    (6)     In this section:

"amendment", of an incorporated document, includes an amendment of a replacement for the incorporated document.

"replacement", for an incorporated document, means—

        (a)     a standard that replaces the incorporated document; or

        (b)     a document (an initial replacement ) that replaces a document mentioned in paragraph (a); or

        (c)     a document (a further replacement ) that replaces an initial replacement or any further replacement.

157C     Approved forms—health profession boards

    (1)     A health profession board may, in writing, approve forms for a relevant health profession.

    (2)     If the health profession board approves a form for a particular purpose, the approved form must be used for the purpose.

Note     For other provisions about forms, see the Legislation Act, s 255.

    (3)     An approved form is a notifiable instrument.

Note      A notifiable instrument must be notified under the Legislation Act.



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