105CRegulations may incorporate material by reference

1. Regulations made under section 105 or 105A may incorporate by reference 1 or more of the following:

2. financial reporting standards in effect under the Financial Reporting Act 2013, as those standards are defined in section 5(1) of that Act (financial reporting standards):
3. a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:
4. a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
5. any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations.

6. The material may be incorporated by reference in the regulations—

7. in whole or in part; and
8. with modifications, additions, or variations specified in the regulations.

9. The incorporated material—

10. is as that exists at the time that the regulations are made; and
11. forms part of the regulations for all purposes and has legal effect accordingly.

12. An amendment to, or replacement of, a financial reporting standard in regulations made under section 105 or 105A (the initial regulations) has legal effect as part of the initial regulations on and from the date on which the amendment or regulation takes effect and commences to apply under sections 27 and 28 of the Financial Reporting Act 2013, if—

13. the amendment or replacement is made by the External Reporting Board in accordance with that Act; and
14. the amendment or replacement is of the same general character as the standard that is amended or replaced; and
15. the initial regulations state that amendments or replacements have this effect.

16. An amendment to, or replacement of, any other material in the initial regulations referred to in subsection (1) has legal effect as part of the initial regulations only if it is specifically incorporated by amendment regulations to the initial regulations.

17. A copy of material incorporated by reference in regulations made under section 105 or 105A, including any amendment to, or replacement of, the material, must be—

18. certified as a correct copy by the chief executive; and
19. retained by the chief executive.

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

21. Material incorporated by reference in regulations made under section 105 or 105A that expire or that are revoked or that cease to have effect ceases to have legal effect as part of the regulations only if regulations made under that section state that the material ceases to have legal effect.

22. The department responsible for the administration of this Act must—

23. provide electronic access to any material incorporated by reference in regulations made under this section, unless doing so would infringe copyright; and
24. make the material available for inspection during working hours, free of charge, at the department's head office and at any other place that the chief executive determines is appropriate.

25. A failure to comply with subsection (9) does not invalidate regulations that incorporate any material incorporated by reference in regulations made under section 105 or 105A.

26. 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.

27. Repealed

28. Repealed