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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Transport instruments

452D: Incorporation of material in transport instruments

You could also call this:

"Using other documents in transport rules"

Illustration for Maritime Transport Act 1994

You can incorporate material by reference in transport instruments. This means that when you refer to other documents in a transport instrument, it is like including the whole document in the instrument. The rules for incorporating material by reference are the same as for rules, and the person making the transport instrument is responsible for it. You treat incorporated material as part of the regulation or rule that provides for the instrument. This is to avoid any doubt about what is included in the instrument. The incorporated material is considered part of the regulation or rule for all purposes. When a transport instrument incorporates material by reference, you must follow the same rules as for incorporating material in rules, as stated in section 452. This section explains how to incorporate material by reference, and it applies to transport instruments in the same way as it applies to rules. The person making the transport instrument is the one who decides what material to incorporate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS482573.

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Part 30Miscellaneous provisions applying to this Act generally
Transport instruments

452DIncorporation of material in transport instruments

  1. Section 452 (which provides for the incorporation of material by reference) applies to transport instruments as if—

  2. transport instruments were rules; and
    1. references in that section to the person making the rule were references to the person making the transport instrument.

      1. To avoid doubt, any material incorporated by reference in a transport instrument is to be treated for all purposes as part of the regulation or rule that provides for the instrument.

      Notes
      • Section 452D: inserted, on , by section 45 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).