Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 (59 of 1997)

Schedule 2   Amendment of the Radiocommunications Act 1992

Part 4   Standards and other technical regulation

70   Section 314A

Repeal the section, substitute:

314A 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 other instrument or writing whatever:

(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 Legislative Instruments Act 1997.

(6) In this section:

instrument under this Act means:

(a) the regulations; or

(b) any other instrument made under this Act.