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Radiocommunications Act 1989

Miscellaneous provisions

Schedule 8: General provisions relating to material incorporated by reference in regulations

You could also call this:

"Rules that include other information by reference: how they work"

Illustration for Radiocommunications Act 1989

When rules are made under the Radiocommunications Act 1989, they can include other information by referencing it. You need to know that this referenced information is part of the rules. The rules can be changed or updated, and these changes are part of the rules too, but only if new rules say so. If the referenced information is updated or replaced, it does not automatically become part of the rules. You can access the referenced information during working hours for free at certain offices. The Secretary must also make copies available for purchase and may put them on the internet. The Secretary will give notice in the Gazette about where to find the information. Some laws, like the Legislation Act 2019, do not apply to the referenced information just because it is included in the rules. Other laws, like the Standards and Accreditation Act 2015, still apply to the referenced information. If the referenced information expires or is revoked, it stops being part of the rules, but only if new rules say so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1460705.

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Schedule 7: Entitlements to specific licences, or

"Rules for Using Certain Radio Frequencies"

8General provisions relating to material incorporated by reference in regulations Empowered by s 134(4)

1Effect of material incorporated by reference in regulations

  1. This clause and clauses 2 to 8 apply to material incorporated by reference in regulations made in reliance on section 134(1D).

  2. Material incorporated by reference in regulations has effect as part of the regulations.

2Effect of amendments to, or replacement of, material incorporated by reference in regulations

  1. An amendment to, or replacement of, material incorporated by reference in regulations (regulations A) has legal effect as part of regulations A only if regulations made after the making of regulations A state that the particular amendment or replacement has that effect.

3Proof of material incorporated by reference

  1. A copy of the material incorporated by reference in regulations, including any amendment to, or replacement of, the material, must be—

  2. certified as a correct copy of the material by the Secretary; and
    1. retained by the Secretary.

      1. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material.

      4Effect of expiry or revocation of material incorporated by reference

      1. Material incorporated by reference in regulations that expires or is revoked, or that ceases to have effect, ceases to have legal effect as part of the regulations only if regulations state that the material is revoked or ceases to have legal effect.

      5Access to material incorporated by reference

      1. The Secretary—

      2. must make the material referred to in subclause (2) available for inspection during working hours free of charge at the head office of the Ministry of Economic Development and at any other places that the Secretary determines are appropriate; and
        1. must make copies available for purchase at a reasonable price; and
          1. may make copies of the material available in any other way that the Secretary considers appropriate in the circumstances (for example, on an Internet site); and
            1. must give notice in the Gazette stating that—
              1. the material is incorporated in the regulations and the date on which the regulations were made; and
                1. the material is available for inspection during working hours, free of charge, and the location of the place or places at which it can be inspected; and
                  1. copies of the material can be purchased and the location of the place or places at which they can be purchased; and
                    1. if copies of the material are available under paragraph (c), the material is available in other ways, and giving the details of how and where it can be accessed and obtained.

                    2. In this clause, material is—

                    3. material incorporated by reference in regulations:
                      1. any amendment to, or replacement of,—
                        1. that material that is incorporated in the regulations; or
                          1. the material referred to in paragraph (a) with the amendments or replacement material incorporated within it:
                          2. if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation of the material in an official New Zealand language.

                            1. A failure to comply with this clause does not invalidate regulations that incorporate material by reference.

                            6Application of Legislation Act 2019 to material incorporated by reference

                            1. Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in regulations merely because it is incorporated.

                            Notes
                            • Schedule 8 clause 6: replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

                            7Application of Regulations (Disallowance) Act 1989 to material incorporated by reference (Repealed)

                              Notes
                              • Schedule 8 clause 7: repealed, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).

                              8Application of Standards and Accreditation Act 2015 not affected

                              1. Clauses 1 to 7 do not affect the application of sections 29 to 32 of the Standards and Accreditation Act 2015.

                              Notes
                              • Schedule 8 clause 8: replaced, on , by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).